Contract dispute...

Author
Discussion

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
Right, I have taken 20 days holiday the last 3 years as that is what everyone else did. I looked at my contract last week and it shows 21 days is my entitlement so I booked the extra day.

I have now been told I cannot take that day as it is a mistake. I have argued that it is my legal entitlement and that I would be taking it.

I have made an appointment to see a mortgage advisor which I would not normally be able to do as I work during building society opening hours.

I am not prepared to back down as this appointment means a lot to me. Their reasons for not letting me take it 'I have read your letter of confirmation of employment and it states 20 days, only 9 people have more than 20 days and they have worked here more than 10 years, I will have a riot on my hands if I let you take it'...

Where do I stand? I need out of here as I have been messed about for 7 months on several different topics and I am just getting fed up frown

andy-xr

13,204 posts

205 months

Wednesday 14th September 2011
quotequote all
Is there a middle ground of just taking the time you need rather than the whole day? I can't see a mortgage appt taking more than an hour or so?

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
Tried that.. no interest in helping me, just want to avoid trouble from other people getting upset... how pathetic...

illmonkey

18,216 posts

199 months

Wednesday 14th September 2011
quotequote all
If it was me, I'd just leave when you need to. But I am at the end of my tether at work too frown

I can't see you getting fired over it.

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
See I was thinking of just walking out for the appointment and coming back, but I also have 2 people due to view our car on Friday as I am selling it. I spoke to them and told them I was off on Friday as I booked it last week and have only been told no this morning.

There has been a lot of problems for me this year at work and I cannot believe they have the cheek to be so petty.

SteveS Cup

1,996 posts

161 months

Wednesday 14th September 2011
quotequote all
Surely if it's in your contract which you have both signed then that's what it is!?

If that's not the case, can you not take it as un paid?

Or, rearrange and pull a sicky. (For the record, I've not had a day off sick since I've been working... 7 years!) But in this case, they're being arses.

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
I don't want to have to take it unpaid. I have been so soft and weak this year and they have walked all over me. I kind of want to make a stand. Nobody else in this place would back down, so I don't see why I should.

It is in my contract and they are saying 'Well it is a mistake, we have checked your confirmation of employment letter and it states 20 days'

I replied 'but that isn't signed by me or you and isn't a legally binding document, my SIGNED contract is'

Still trying to make excuses!

illmonkey

18,216 posts

199 months

Wednesday 14th September 2011
quotequote all
Donatello said:
I don't want to have to take it unpaid. I have been so soft and weak this year and they have walked all over me. I kind of want to make a stand. Nobody else in this place would back down, so I don't see why I should.

It is in my contract and they are saying 'Well it is a mistake, we have checked your confirmation of employment letter and it states 20 days'

I replied 'but that isn't signed by me or you and isn't a legally binding document, my SIGNED contract is'

Still trying to make excuses!
If its on the contract signed by them (and you) then its official. If my employer turned round and said it was a mistake, I'd tell them where to go. Their HR department should be questioned, not you.

Just don't go in that day, see what happens. If they fire you, you have a case.

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
illmonkey said:
If its on the contract signed by them (and you) then its official. If my employer turned round and said it was a mistake, I'd tell them where to go. Their HR department should be questioned, not you.

Just don't go in that day, see what happens. If they fire you, you have a case.
So you think I should just not come in and if something happens then I can dispute it and take it further?

Just spoke to CAB and they gave me lots of useful information regarding my work situation since February. Seems I have been very unfairly treated and am entitled to quite a few things including back dated payrise smile

illmonkey

18,216 posts

199 months

Wednesday 14th September 2011
quotequote all
Donatello said:
illmonkey said:
If its on the contract signed by them (and you) then its official. If my employer turned round and said it was a mistake, I'd tell them where to go. Their HR department should be questioned, not you.

Just don't go in that day, see what happens. If they fire you, you have a case.
So you think I should just not come in and if something happens then I can dispute it and take it further?

Just spoke to CAB and they gave me lots of useful information regarding my work situation since February. Seems I have been very unfairly treated and am entitled to quite a few things including back dated payrise smile
Go to your boss with this information, I'm sure they'll let the day slide, if they know you could pull them up. Infact, I'd call a meeting and lay everything out on the table.

okgo

38,117 posts

199 months

Wednesday 14th September 2011
quotequote all
What a bunch of tts.

20 days holiday?! I thought the minimum was 25 or something?

illmonkey

18,216 posts

199 months

Wednesday 14th September 2011
quotequote all
okgo said:
What a bunch of tts.

20 days holiday?! I thought the minimum was 25 or something?
Gov website said:
you are entitled to a minimum of 5.6 weeks paid annual leave - 28 days for someone working five days a week (capped at a statutory maximum of 28 days for all working patterns)
Gov website said:
You do not have a statutory right to paid leave on bank and public holidays. If your employer gives paid leave on a bank or public holiday, this can count towards your minimum holiday entitlement. There are eight permanent bank and public holidays in England and Wales (nine in Scotland and ten in Northern Ireland)
So, 20 is the minimum, if you get all bank holidays off.

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
As said above, 20 + 8 bank holidays = the minimum amount and that is what we get because I work for a great company smile

SteveS Cup

1,996 posts

161 months

Wednesday 14th September 2011
quotequote all
20 Days plus BH's is the minimum.


okgo

38,117 posts

199 months

Wednesday 14th September 2011
quotequote all
Christ, so 28 days plus all bank holidays and what not is bloody good going then?

NDA

21,621 posts

226 months

Wednesday 14th September 2011
quotequote all

They should pay you an additional day on your annual salary to vary the terms of your signed contract. Then you can back down and take your 20 days. You could then also take one day's non-paid leave at no additional cost to you.

illmonkey

18,216 posts

199 months

Wednesday 14th September 2011
quotequote all
okgo said:
Christ, so 28 days plus all bank holidays and what not is bloody good going then?
Very!

I started on 20 (+BH's) and get 1 extra day for a FULL year working here. If you started in Feb, you've got to wait 22 months to get the 1st extra day. You MUST complete a FULL calendar year...

Donatello

Original Poster:

1,035 posts

162 months

Wednesday 14th September 2011
quotequote all
Well at least I know I am entitled to it. I have arranged important things for Friday and won't be missing them. Thank you all for your advice.

Odie

4,187 posts

183 months

Thursday 15th September 2011
quotequote all
okgo said:
Christ, so 28 days plus all bank holidays and what not is bloody good going then?
I get 35+ and bank holidays. They gave me one extra last year (similar to the op) I approached HR, my line manager & a director about it and all 3 pretty much stated "our mistake, but take it anyway"

Op I would just take it. Its in your contract.

Anubis

1,029 posts

180 months

Thursday 15th September 2011
quotequote all
If you both sign on the dotted line then it's a done deal. You can't back out of it unless the other agrees and changes the contract between you.

Seems like a fault on the other party for not checking the document they typed and wanted you to sign. It's only a day off (that your contractually entitled to); you haven't killed anyone. tongue out