So it does sound like she is due some extra time off/ paid holiday. When you write this.. The Company are saying that she cannot claim for additional holiday hours because of her contact which to me is not correct . What exactly happened? What did she ask, to who, and what was their reply? All verbal, or in writing? I would ask in writing. For example, "Could you kindly explain my annual leave calculation? My understanding is that my entitlement is 28 days, including bank holidays - pro rate over the year due to my part time hours. However, the hand book says "where your hours or pay fluctuates your holiday pay will be paid at a average weekly rate using 12 whole weeks (Sunday to Saturday ) preceding you leave where any work was completed." Further, I understand the law with regard to reference periods has changed from 12 to 52 weeks. Could you advise how may additional hours leave I have accrued due to the (number) hours overtime I have worked since January? And when I may be able to take these."

thanks, that's very helpful. One last thing - sorry, the devil is always in the detail! Does that section say it applies to certain kinds of contracts eg zero hours/ casual, or to everyone? I think the handbook is out of date as the reference period is now 52 weeks, not 12

anything like 45p I have only seen where there is no car allowance - it's very high if you also get an allowance. I suspect you have been overpaid. I also suspect rates are not in your contract and are in a policy, in which case, yes, they can change them.

So we need the wording from the contract and handbook on hours and holidays, what she has asked for, in detail, and what the response she got was. exact wording. Em

Hello, more detail, please? Does her contract say she is hourly paid, or does she do "hours required to do the job" with an indication of how many they might be? What exactly does it say about holiday entitlement? Is she trying to take additional leave at an inconvenient time, and they want her to take it off season or has something else happened? Thanks!

I would consider raising a grievance. You met your targets when sales leads were distributed fairly; you would like that to happen again. You will need to show the change between then and now, and that the method is indeed unfair, and not that you had an unfair advantage previously. Have these been formal disciplinaries? Have they followed the proper process? Have you appealed against them?

Employment claims in the civil courts - Working Families WORKINGFAMILIES.ORG.UK Some types of employment-related claims can be brought in the civil courts, rather than in an Employment Tribunal. This advice page offers a high level...

You cannot have the same case heard twice so one claim will stop when the other concludes. You can pursue elements which are for related, but not the same, matter.

We do. Although we also sometimes do a video meeting and just have a recording of it, instead. I have no fear of recordings because we don't say stupid things at them! re: discussing things by email: my managers know they get a severe taking to for that. The most you will see is "case conference" in their diary. When we have discussed what us legal and what is not, then we will start documenting things, having got any nonsensical ideas out of the way first. Never put your ignorance in writing, is a decent rule. That is not to say we won't expedite a situation with for example an agreement to part ways as friends, instead of following procedure. But I will have discussed options with managers in private - like coaching for them - before we get there.

I haven't used paper for personnel files in ages - too difficult with GDPR, and what needs shredding when. Company dependent, but I would not expect it to be a thing. However, the data storage guidelines may be a useful thing to get hold of?(Who stores what and where, for what purpose, and how long? No actual documents, just policy.) I would happily share that with any employee concerned about data.

I'm not sure why you seem to be trying to argue with me? I'm a volunteer and like a quiet life If you are confident you are correct, fair play to you. I'm suggesting the final decision maker in neither you not I, but the court.

Types of employment status: Checking your employment rights - Acas WWW.ACAS.ORG.UK It's important to know your employment status as it affects your legal rights and what you’re entitled to.

Just because it is in the contract does not mean it is true. It tells you what the employer *thinks* the status is. Employers are wrong, often!

So as yet, that is unconfirmed. Good luck, do let us know how you get on. Hopefully they will decide it is cheaper to settle and it can all be over with fast! If they go for a settlement agreement then there's little point, but if they don't then yes, that'd be very useful!

he is an employee if the court decide he is. have they?

on reviewing other parts of the internet I see you have had similar advice elsewhere. just because you do not like it - does not mean it is wrong...

Hi, the first point to note is that a zero contract means he is probably a WORKER and not an employee. Different rights apply. I would actually have gone to small claims court not an ET, for speed. My thoughts below in caps - note I am not a lawyer. At 18 - I would go for money and not a crusade so I take a pragmatic approach. If you suspect proper right to work checks have not been done you can also report here, depending on your opinion on immigration rights. /assets/static/govuk-opengraph-image-dade2dad5775023b0568381c4c074b86318194edb36d3d68df721eea7deeac4b.png Report an immigration or border crime - GOV.UK WWW.GOV.UK Report someone who you think may be living or working in the UK illegally, employing someone illegally 1) Is he dismissed at the point he is blocked from WhatsApp or when they threaten him with violence? Employer is arguing not dismissed as they never told him he is dismissed so they claim he is still employed or in the alternative he is dismissed due to conduct (contacting other employees and complaining about not being paid his wages). I WOULD SAY HE IS NOT DISMISSED UNTIL HE HAS A LEAVER'S LETTER IN HIS HAND. ZERO HOURS HAS NO OBLIGATION TO PROVIDE WORK. SO STILL ON CONTRACT I'D SAY. 2) Is there anything else he can claim in his schedule of loss (above) or should remove?? JUST PAY AND HOLIDAY PAY 3) Even though employer admitted owed wages and holiday pay in preliminary hearing and said that they would pay up promptly, they are now saying to the claimant that they will pay him this if he signs a settlement agreement. Is there any way to force them to pay as they already admitted owing him this money and that they would pay it. NO. A SETTLEMENT AGREEMENT IS IN RETURN FOR KEEPING HIS MOUTH SHUT. I WOULD EXPECT THEM TO PAY HIM MORE TO DO THAT. SO ASK FOR HALF THE WAGES AGAIN, SAY. THEY SHOULD ALSO PAY FOR A LAWYER TO LOOK IT OVER FOR HIM (NOT NEGOTIATE IT! JUST EXPLAIN IT). IF A SA IS ON THE TABLE I USUALLY ADVISE TO TAKE IT TO GET THE THING DONE WITH! FASTER THAN COURT, LESS EMOTIONAL. 4) I noticed recently that the directors opened a new company. If the old one was called Pizza Hut Ltd (as an example), the new one is called Pizza Hut (Cambridge) Ltd. Do you think they could shut down the old one and get rid of the ET case and not pay up? If so is there anything I can such as inform the ET/court/companies house about the court case so that they can't wind up the company to get out of paying up owed wages? THAT'S A WHOLE WORLD OF DRAWN OUT PAIN FOR NO REWARD. THE SYSTEM IS NOT WELL DESIGNED. TAKE THE CASH, LEAVE THE HIGH GROUND TO PEOPLE WITH ALL THE TIME AND MONEY IN THE WORLD.

Leaving fuel cards accessible does sound like a dismissable offence to me, I am afraid. And something ti is reasonable for a fleet manager to know about.

Hello, if all she seeks is the unpaid wages, small claims court will be faster and easier. Send a letter before action, outlining what is owed and giving say 14 days to respond before a claim is raised. if she wants any unpaid holiday owing and a notice period, then proceed as @BankFodder suggests above, being aware there is a bigger backlog for ETs than Small Claims and it may take longer. Neither route is speedy I am afraid.

Only if they were breaching them. They aren't. Pregnancy Related Sickness Absence | DavidsonMorris WWW.DAVIDSONMORRIS.COM Special rules apply when managing Pregnancy Related Sickness Absence. This guide summarises the key points for HR and managers.

I've only seen it paid out at normal rates but I cannot find anything that says legally they need to do anything but short time hours, per Ethel's calculation above. Depending on your salary that may be more or less than statutory maximum.

So I am afraid that seems to be legitimate.

here's some information about short time working from ACA. You will see it may be legal; but you need to find your contact with some urgency to check! Lay-offs and short-time working - Acas WWW.ACAS.ORG.UK If an employer does not have enough work for their employees, these options may help.

It looks ok to me, I would ask payroll to talk me through it if unsure. I don't know what codes they use for everything.

The contract is dated Dec 22, so according to the sick pay section she doesn't have a years service and is only entitled to SSP. A common way of showing that would be to deduct the days from salary, and add it back in again as SSP. First 3 days of a sickness period aren't eligible for SSP so I am guessing that is the other absence on file.