Yes I think im being harshly treated

[steveeasy]

Hi,
Ive been in full time employment for 18 months. I have never been late or had a single day off sick. I am a good reliable HGV driver and represent the company well. On one occasion I suffered a small injury and I took no time off. I was screamed at by my manager for lieing. In June 2023 I was being asked to start work at 1pm and finish at 4 am. 15 hours over night. The HGV driving regulations limit a night time shift to 10 hours without a proper workforce agreement in place. The risk in killing other road users is much greater at night if a driver is tired or overworked. Drivers and manager can be fined heavily for breaking the law.
I asked one night if there was an agreement in place. I was told yes by my manager so work for 15 hours. My contract said there was no agreements. I asked to see the agreement. one did not turn up.
Six weeks later I was given a piece of paper out the blue to sign. I asked if I could discuss the matter and told no. I was made to sign the paper. there is no agreement in place and im being made to break the law.

On sundays I am being made to work ten hours work now and then I have to dive 200 miles across the country. I am being asked to do what has always been two peoples job. why because my manager is a bully. no other person is asked to do it.

So ive had enough. im a good worker and dont like being treated poorly. I have 17 days holiday pay owing. Ive never been told to use it by a particular time. is does not say i need to in my contract. Now ive 5taken advice and been told I could loose it. because of the firms year. Ive never been advised about a year or when it is. or I need to take my holiday.

So my question.
If I give my notice period tto leave hen am I fully entitled to all my accrued holiday entitlement. Ive read the employer has to show he diligently told you to use your holiday or your use it. this has never happened. it is not in my contract. ive never been emailed or told verbally. I was once in the office when the manager said youve a lot of holiday. I said can you arrange dates for me to take time off. he said yes. then went online to my holiday accrued and deleted four days. Never mentioned he did it and I could not tell them they had covertly reduced my accrued holiday.

I do not wish to loose any and will leave to get what I am entitled too and earnt.

Thank you
Steveeasy

[ULA]

Two questions to start with:

1. What is your holiday entitlement?
2. What is your company holiday year start / finish?

[steveeasy]

Dear Ula,
Thank you for your reply. My contract states 28 days for a 5 day week. I have no idea when the company holiday year starts. In all honesty ive never heard the term until researching the matter today. my manger has never told me or mentioned it. it is not covered in my contract of employment.

My sage online app shows 12 days carried over and 6 in the current year. until today id not seen this as you have to search quite hard. but it says carried over. I have never ever been told or encouraged to take holidays or id loose it.

Steveeasy

[steveeasy]

Ive never been employed for 20 years and in April 2023 I realised I may have holiday entitlement. Ive never heard the term year over holiday start and end. I am a very good employee but on several occasions recently probally because of the above ive had money withheld and days cancelled although I am contracted to work 5 days a week. I suspect the manager is unhappy I found out he was missleading me regarding the workforce and agreement. I am obliged by law to adhere to driving regulations. If I had an accident and was breaking the law I could be sent to prison. its a serious health and safety issue.
Steveeasy

[steveeasy]

When I started in june 2022 I signed a contract stating I did 5 days a week but I was only doing day to day work. I informed them I had a problem with LH leg. In October I had an operation to repair my hip/ they ended up replaceing it. I had a second hip done in December 2022. In January 2023 I started full time yes they knew Id just had two new hips and offered me full time work in January 2023. I told them I needed to be just careful.

In July I was made to load 30 tonnes of beer in to a truck and basically the following day I could not walk and thought my hip was broken. I rested for 4 days and everything was fine. when I told them in the office he went potty accusing me of lieing to him. It was a verble assault on me. They told me they would consider my needs.

Now I am being told to do two shifts in one and one takes ten hours and I have to climb in and out of the Truck between 75-100 times. My leg in numb and throbbing from the pain of last weekend. I am not allowed to say anything or question my work. If I injure my self its my fault. now it seams they have both sat in the office watching my holiday build up probally knowing im just going to loose it. hardly encouraging is it.

The sad thing is I really like my job. so much so it saddens me why they are doing this. I am productive and good on timekeeping. it makes no sense.

Steveeasy

[ULA]

At least you have a clear contractual statement of your holiday entitlement. There is no legal requirement for an employer to carry forward any unused holiday entitlement into a new holiday year but the employer should state whether this is allowed or not and if so how many days can be carried forward.

I would suggest if you do not know the company holiday year period that you ask the question, confirm the policy on carry forward of untaken holiday at the end of a holiday year and also confirm that the current holiday information on the Sage app is correct.

Have you considered raising a grievance regarding the way you are being asked to operate given that there may be some health and safety concerns?