Holiday Pay

[wadalabbassiya]

Hi Good Friends,

I need your sincer help in the matter of holiday Pay.In fact,my company did not pay me the right money for holiday pay for more than three years. starting from 2006 up to now.The company paid me less hours than what I should have been paid.I discouvered that I cheched my holiday pay on the direct.gov.uk.My question are am I legally entitled to my money now as it's four years passed?Does the financial rights fall down by time ?is there any limit for your pay?

Thanks.

[MARTIN3030]

Welcome to the site.

I am moving your thread to a more appropriate place for you to get an answer.

[MARTIN3030]

I found some interesting info here;

 

House of Lords - Her Majesty's Revenue and Customs (Respondents) v Stringer and others (Appellants)

[Bigredbus]

Hi, and welcome to the CAG...

 

(a) How many days a week do you work, and that since 2006?

[wadalabbassiya]

Hi ,

Thanks for your reply.I was doing 55 hours a week since 2007 till 2009. This year i'm doing 60 hours a week.

Thanks

[Bigredbus]

Hi,

 

(a) Assuming that you work in England,

(b) Your holiday year starts on 01 January, each year...

 

Your holiday entitlement was/is as follows:

 

1. 2007 - 231.1 hrs

2. 2008 - 264.0 hrs

3. 2009 - 297.2 hrs

4. 2010 - 336.0 hrs

 

If you have been paid anything less than stated above, you are entitled to claim the difference back...

 

The calculator (holidays entitlement) is located at the following address...

How much annual leave is my employee due? | Business Link

[wadalabbassiya]

Hi,

Thank you very much for prompt and useful reply.

In fact.I work and live in England.I'm really astonished for the way our deal with it's employees.I have already written a letter to the company and exlpain to them my situation and asked for my money to be paid back. I'm sure they will not be happy for that .IAnyway,'m still waiting for the reply.

Once again,thank you for your reply.

Edited June 7, 2010 by wadalabbassiya

[Bigredbus]

No problems...

 

Let us know what their response is and we may, if you want, help you draft another letter to help you get your monies back...

[wadalabbassiya]

Hi,

It's now 15 days since,since I have sent my demand to my company asking them to pay me back my money .In the light of their way of talking to me and dealing,I have a great feeling that they are now planning to sack me ,they are looking for a legal ground to stand on.

They are searching for anything to hold me so that not to have any legal evidence to go the tribunal of employment to stand against them.

I have been working for this comapny for six years now.I'm pretty sure they have nothing against me in my comapany file.they are trying to fabricate anything against me to sack me.I would like to know whrere am I satnd legally?they are trying to make it harder for me to resign or get sacked.

Thanks

[honeybee13]

Hi,

 

They are searching for anything to hold me so that not to have any legal evidence to go the tribunal of employment to stand against them.

I have been working for this comapny for six years now.I'm pretty sure they have nothing against me in my comapany file.they are trying to fabricate anything against me to sack me.I would like to know whrere am I satnd legally?they are trying to make it harder for me to resign or get sacked.

Thanks

 

Hello again. What makes you think they're trying to get rid of you?

 

I don't understand the last sentence, sorry, the bit about it being hard to resign. If they did dismiss you unfairly, you'd have the same rights as anyone else to compensation and unpaid holiday pay, I think I'm right in saying.

 

Have you submitted a grievance about the holiday pay or anything else? I'd like to know what the others think, but I think now could be the time.

 

If you do think it will end up at a tribunal, start putting together everything you can get hold of in writing as evidence, plus your contract of employment, etc and the disciplinary procedure. Take it home and keep it safe.

 

HB

[wadalabbassiya]

Hi,

Thank you for your reply.

I work as a sub contractor in a company which is closer to my house .They can removed from the company to an other which is far away from where I live and they can change also my working hours from day night according to the contract.

I heared from a colleauge that they asked ,my other colleauge who is newly appointed in the company ,about me eg;What he thinks about me ,did I mentioned to him anything about the company?,did I tell him about my demand and so on.These things are verbal and cannot be proved.Now I'm more careful.

It happened that one of our colleauges asked them to pay him the money that they deducted from his salary on the ground that was illegal .They targeted him.They dug a hole and burried him in it.

We have the worst management in the world.

Thanks

[Bigredbus]

Hi,

 

Do take note(s) of everything happening in the workplace involving you...

[wadalabbassiya]

Hi Redbigbus,

I have started collecting my papers ,contracts, and writing down all incidents.As I mentioned ,They would like to use my colleague as a spy to look for my mistakes ,if found,and use them as reasons of dismissal.

Thanks

[Bigredbus]

If it becomes obvious that that colleague is, in fact, 'spying' on you and reporting your acts and behaviour to your employer, you should raise a grievance stating such facts...

[wadalabbassiya]

Hi,

Thank you very much for your reply.

I have started taking notes for every single occurance in regard of my case.

I have a question would like to ask;

1:Is it legal to have CCTV in the office where you work.The CCTV is focused on my head.I have signed any paper giving them an authority to watch me.The main objctive for the CCV is watch out side the building.

now it's being used to watch me to have anything against me.

thanks

[honeybee13]

Hello. I've just looked on the Information Commissioner's website and I can't see anything specifically on this, but I think your treatment with the CCTV camera could be something the ICO wouldn't be happy about. Is it trained on you the whole time? I don't think it's illegal as such from what I've, read, but there need to be good reasons for using it.

 

The ICO has a helpline if you're able to ring it, the numbers are on their website.

 

HB

[wadalabbassiya]

Hi,

Thank you very much for your reply.The purpose of the CCTV is monitoring and detecting thieves and intruder around the building.I cant understand why the camera has been fixed inside my office.The camera has fixed in office before I came to monitor in coming and out going mail.

Do you have the information commissioner's office Number?

Thanks

[wadalabbassiya]

Hi,

It's 6 weeks now since ,I have calimed my hoilday money.The company did not reply and from the way the talk to me ,I understood that they dont give me the money.

I would like to know my legal situation if I resign now so as to take them to the court?will I have a problem with Department of work,HM Inland revenue and other work Departments ?

Thanks

[honeybee13]

Hi there. I believe you can resign and include a grievance in that letter. Then you could take them to a tribunal. Is that what you mean?

 

I hope a cagger with more experience than me in these matters will confirm I'm on the right track.

 

HB

[honeybee13]

Frequently asked questions

 

Before calling us, please see our frequently asked questions on the right. If you can’t find what you’re looking for, a member of our staff will be happy to help you.

 

 

Helpline

 

Call us on 0303 123 1113. Our helpline is open from 9am to 5pm, Monday to Friday.

If you need an urgent response to an enquiry please ring our helpline. We respond to all online and written enquiries as quickly as we can, but at busy times this can take a number of days.

 

 

This is from the ICO's website under 'contact us'.

 

HB

[Surfer01]

Whatever you do, do NOT resign because if you do this starts a whole new ball game. Constructive dismissal is one fo the hardest points to prove. Besides if you resign you may lose out on money whereas if you stayed and got made redunant, they would have to pay you out. If they fired you they would need a very good reason otherwise you could file a compensation case against them.

[wadalabbassiya]

Hi,

Thank you for your reply.

The picture is still not clear for me in regard of resignation .The company doesn't want to pay me the money and i'm still waiting patiently for them though there is no ray of hope.I dont have problem with the Department of Work.The Department of Work will ask me about the reasons of resignation espcially in this economic atomsphere,they dont want to increase the number of job seekers .

I want to hear about my leagal situation .

[honeybee13]

Hello again. I'm not exactly sure what you mean about the legal situation, can you tell us anything else please?

 

If the company haven't paid you, I believe you can send a 'letter before action' demanding payment. If you can't find a suitable letter on this forum, hopefully someone will suggest what to say. I'm sure a letter was posted on here a few days ago.

 

HB

 

PS Have you spoken to the Information Commissioner's office?

Edited July 7, 2010 by honeybee13
PS.

[wadalabbassiya]

Hi,

Thank all for your help.

My company has finally agreeed to pay me off all my holidys pay from 2007 up to now.

Once again,Thank you,

 

Hello again. I'm not exactly sure what you mean about the legal situation, can you tell us anything else please?

 

If the company haven't paid you, I believe you can send a 'letter before action' demanding payment. If you can't find a suitable letter on this forum, hopefully someone will suggest what to say. I'm sure a letter was posted on here a few days ago.

 

HB

 

PS Have you spoken to the Information Commissioner's office?

[honeybee13]

Excellent news, well done. I hope it was worth all the hassle for you. Thank you for letting us know - we like a good end result.

 

My best, HB