Employment Issues
Discussion
Drumroll said:
The problem is did your former manager actually have company authority to do what he did. Both my line manager for me and me to my staff would carry over holidays, but it was never company policy.
On the holiday its subject to Business Mangers getting approval from the CEO, thats what they told me, its not written anywhere, I followed the process and HR. I took the 5 days as I would lose them, became ill with a confirmed case of CV19, was paid sick, returned to work as client needed back in control of my project until the end of January. The holiday period ended 31st dec 2021. I could not help getting ill.I am thinking that by not allowing me the contractually agreed period for holiday they could be in breach of contract.
I was also called while off sick and asked to help the client with work, also my manager called to inform me that the client was not happy that I had a full week off and (new manager on the client side 3montn in post) they were going to get someone in to take on my duties and I might be moved to another role, when I returned.
I reported this to HR as I didn't feel it was fair.
Edited by surveyor_101 on Thursday 15th September 22:10
Hr will always follow what suits the company, having a union rep to clarify exactly what the rights and wrongs are will help your cause.
Reading though sounds like you had covid during a booked holiday and you was paid accordingly. No holidays are rolled after a certain date. That’s similar to most companies. So you lost days off but not pay.
Everything else you say doesn’t make sense.
Promotion, no promotion, lost contracts?
I think bad luck is at play rather than breach of contract. Also sounds like your line manager told you what you wanted to hear unfortunately
Reading though sounds like you had covid during a booked holiday and you was paid accordingly. No holidays are rolled after a certain date. That’s similar to most companies. So you lost days off but not pay.
Everything else you say doesn’t make sense.
Promotion, no promotion, lost contracts?
I think bad luck is at play rather than breach of contract. Also sounds like your line manager told you what you wanted to hear unfortunately
Bullet points surveyor_101 said:
Drumroll said:
The problem is did your former manager actually have company authority to do what he did. Both my line manager for me and me to my staff would carry over holidays, but it was never company policy.
On the holiday its subject to Business Mangers getting approval from the CEO, thats what they told me, its not written anywhere, I followed the process and HR. I took the 5 days as I would lose them, became ill with a confirmed case of CV19, was paid sick, returned to work as client needed back in control of my project until the end of January. The holiday period ended 31st dec 2021. I could not help getting ill.I am thinking that by not allowing me the contractually agreed period for holiday they could be in breach of contract.
I was also called while off sick and asked to help the client with work, also my manager called to inform me that the client was not happy that I had a full week off and (new manager on the client side 3montn in post) they were going to get someone in to take on my duties and I might be moved to another role, when I returned.
I reported this to HR as I didn't feel it was fair.
Edited by surveyor_101 on Thursday 15th September 22:10
As has been said forget the ramble use bullet points.
surveyor_101 said:
I have today asked the client for promotion to the next grade and its seems the relationship between my employer and the client have broken down over another member of staff. Also I doing two peoples work as the other person who also came from my employer left over pay issues but I have 2 years plus service and he asked after 7 months, but such is the demand for our skills moving is pretty easy for more money.
I have floated the idea of leaving today but they are saying 3 months notice which make moving hard I need to check my contact.
2 pointsI have floated the idea of leaving today but they are saying 3 months notice which make moving hard I need to check my contact.
1/ I don't understand how your client determines your promotion? Can you expand?
2/ On the 3 months I wouldn't worry - it's normally negotiable - and 3 months isn't that long in a tight labour market to wait for someone.
Fair enough maybe I put too much info above was inbetween tasks;
>Was ill during holiday and days were changed to sick.
>Agreed to use the 5 day in before the end of Jan so did not impact 2022 allowance
>That manage left and I have now lost 5 days this year. causing an issue,
>Also due to his poor management I was non productive for 2 months which is being used to justify not paying me more and the 5 days lost
>Client I am in post with relationship is not great
>Competitor who I have worked for in the past have approached me.
>I came into post to replace 1Nr person but 2 people left in the 1 month it took transfer and renew my clearance, 1 other person left who was in post 6 months.
>They cannot get another person throw my firm, the person who was due to interview was made a better offer to stay put and pulled out.
> May I started I was given 5 contracts, 2/3 is normal, I was assured by Sept more staff would be brought in, but they can't get them.
>Was ill during holiday and days were changed to sick.
>Agreed to use the 5 day in before the end of Jan so did not impact 2022 allowance
>That manage left and I have now lost 5 days this year. causing an issue,
>Also due to his poor management I was non productive for 2 months which is being used to justify not paying me more and the 5 days lost
>Client I am in post with relationship is not great
>Competitor who I have worked for in the past have approached me.
>I came into post to replace 1Nr person but 2 people left in the 1 month it took transfer and renew my clearance, 1 other person left who was in post 6 months.
>They cannot get another person throw my firm, the person who was due to interview was made a better offer to stay put and pulled out.
> May I started I was given 5 contracts, 2/3 is normal, I was assured by Sept more staff would be brought in, but they can't get them.
t where you work, get another job.surveyor_101 said:
Fair enough maybe I put too much info above was inbetween tasks;
>Was ill during holiday and days were changed to sick.
>Agreed to use the 5 day in before the end of Jan so did not impact 2022 allowance
>That manage left and I have now lost 5 days this year. causing an issue,
>Also due to his poor management I was non productive for 2 months which is being used to justify not paying me more and the 5 days lost
>Client I am in post with relationship is not great
>Competitor who I have worked for in the past have approached me.
>I came into post to replace 1Nr person but 2 people left in the 1 month it took transfer and renew my clearance, 1 other person left who was in post 6 months.
>They cannot get another person throw my firm, the person who was due to interview was made a better offer to stay put and pulled out.
> May I started I was given 5 contracts, 2/3 is normal, I was assured by Sept more staff would be brought in, but they can't get them.
There's the solution>Was ill during holiday and days were changed to sick.
>Agreed to use the 5 day in before the end of Jan so did not impact 2022 allowance
>That manage left and I have now lost 5 days this year. causing an issue,
>Also due to his poor management I was non productive for 2 months which is being used to justify not paying me more and the 5 days lost
>Client I am in post with relationship is not great
>Competitor who I have worked for in the past have approached me.
>I came into post to replace 1Nr person but 2 people left in the 1 month it took transfer and renew my clearance, 1 other person left who was in post 6 months.
>They cannot get another person throw my firm, the person who was due to interview was made a better offer to stay put and pulled out.
> May I started I was given 5 contracts, 2/3 is normal, I was assured by Sept more staff would be brought in, but they can't get them.
surveyor_101 said:
Fair enough maybe I put too much info above was inbetween tasks;
>Was ill during holiday and days were changed to sick.
>Agreed to use the 5 day in before the end of Jan so did not impact 2022 allowance
>That manage left and I have now lost 5 days this year. causing an issue,
>Also due to his poor management I was non productive for 2 months which is being used to justify not paying me more and the 5 days lost
>Client I am in post with relationship is not great
>Competitor who I have worked for in the past have approached me.
>I came into post to replace 1Nr person but 2 people left in the 1 month it took transfer and renew my clearance, 1 other person left who was in post 6 months.
>They cannot get another person throw my firm, the person who was due to interview was made a better offer to stay put and pulled out.
> May I started I was given 5 contracts, 2/3 is normal, I was assured by Sept more staff would be brought in, but they can't get them.
You seem to have a rather more "complex" employer/employee relationship than is the "norm"...perhaps that's one of the reasons people are struggling to understand your issue? Nevertheless, I think you're saying that you couldn't carry over a holiday entitlement due to your employer's stated policy combined with a set of circumstances, one of which was COVID.>Was ill during holiday and days were changed to sick.
>Agreed to use the 5 day in before the end of Jan so did not impact 2022 allowance
>That manage left and I have now lost 5 days this year. causing an issue,
>Also due to his poor management I was non productive for 2 months which is being used to justify not paying me more and the 5 days lost
>Client I am in post with relationship is not great
>Competitor who I have worked for in the past have approached me.
>I came into post to replace 1Nr person but 2 people left in the 1 month it took transfer and renew my clearance, 1 other person left who was in post 6 months.
>They cannot get another person throw my firm, the person who was due to interview was made a better offer to stay put and pulled out.
> May I started I was given 5 contracts, 2/3 is normal, I was assured by Sept more staff would be brought in, but they can't get them.
Are you aware that in 2020 employment law was changed (temporarily?) to allow for circumstances similar to your own? I can't link to it (too old, don't know how, attempt didn't work, time is precious etc.) but Google "ACAS coronavirus using-holiday". Hopefully, that should enable you to resolve this.
I don't want to be rude, but you really don't communicate things very well, and if your communication at work is similar to how you've posted here, you may not be helping yourself with this stuff.
Anyway, your current employer sounds like hard work, I'd take the job at the other place.
If your new employer feels a 3 month notice period is excessive, have the fight with your current employer about that then.
Anyway, your current employer sounds like hard work, I'd take the job at the other place.
If your new employer feels a 3 month notice period is excessive, have the fight with your current employer about that then.
InitialDave said:
I don't want to be rude, but you really don't communicate things very well, and if your communication at work is similar to how you've posted here, you may not be helping yourself with this stuff.
Anyway, your current employer sounds like hard work, I'd take the job at the other place.
If your new employer feels a 3 month notice period is excessive, have the fight with your current employer about that then.
My view was due to the holiday not being honoured they maybe in breach of the contract therefore I don't intend to honour the 3 month notice period but will however I will work 1 month.Anyway, your current employer sounds like hard work, I'd take the job at the other place.
If your new employer feels a 3 month notice period is excessive, have the fight with your current employer about that then.
surveyor_101 said:
My view was due to the holiday not being honoured they maybe in breach of the contract therefore I don't intend to honour the 3 month notice period but will however I will work 1 month.
It does come across like a bit of a petulant child. And will almost certainly harm your long-term job prospects.Yes, they may have not followed what was stated in your contract, but the only way to get recourse is to take it to a tribunal. (unless of course, you are in a union) Simuraley if you leave after one month's notice what can they actually do to you?
Tyre Smoke said:
They're not in breach if it's not in your contract that holiday may be carried forward.
Your old boss can email you what they like, it's not your contract of employment.
I'm not even going to address the "they are in breach, therefore I'm not working my notice" thing.
Not 100% sure if the OP's is talking about holiday not taken during the lockdown year, but as someone else has alluded to the law was temporarily amended to allow holiday that was accrued but not used in the main lock down period to be carried over into the following 2 years maximum, how that is allocated or split is at the employers discretion, they may also stipulate a time period when that holiday is to be taken, subject to normal notice being given as per the employees contract. If the employee does not use the carried over holiday it is lost in the same way as it would be in a normal year. This was amendment to the law not a guideline so will override anything stated about holiday in an employment contractYour old boss can email you what they like, it's not your contract of employment.
I'm not even going to address the "they are in breach, therefore I'm not working my notice" thing.
Edited by martinbiz on Friday 16th September 11:18
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