Grievance or no grievance?

[SomeGuy]

Hi guys,

I've had good read through these forums tonight and reckon you seem like a good bunch to run this past.

Basically I am really fed up with my employer on a number of levels. However I'm not sure if I have genuine grounds for a grievance or if I just need a new job.

I work through an out-source/in-source call centre for what we will call a rather large insurance company. Now I get that I am expected to work for minimum wage in the clients office next to people who are paid a substantial amount more than I am but do the exact same job with employment benefits and all the rest of it. That if anything probably just annoys me in the sense that I have made a poor choice working for the company that I do.

So there are a load of things that are in my contract that I should really just put up with and hope they keep paying me however recently a new issue has arose and I spy a bit of a shafting on the horizon. It boils down to holiday entitlement again. I've been with the company for approaching two years (start Jan 12) and have a history of not taking holidays in the summer etc as they don't pay me enough to do anything with them. Now on multiple occasions I have requested holidays for them to be rejected (one being a request for 1 day or even half day if it would help so I could take my driving test) This was declined 4 weeks in advance. Imagine a few other similar requests throughout the year with identical results.

Now they have advised that holidays are to be looked at when they see fit and regardless of notice we will be informed "nearer the time". I had hoped to travel with my Dad when he gets a break from working abroad in October. A request was submitted mid August and as a person who cant get rid of my holidays (148 odd accrued hours to be used before Dec 31st) I fully expected to be given them. They are now refusing to acknowledge my request until they are ready meaning the trip we were looking for is now impossible. Holidays cannot be carried through to next year as outlined in my contract.

I suppose the short question is if I have requested holidays that were refused and still have an obscene amount left at the end of the year am I entitled to make some sort of claim to be paid for the refused holiday hours? I don't want to be in the position I was last year where I had to take them when they wanted as they had not forecast demand properly and had overstaffed to the point where people were forced to take unpaid leave (35 hr contracts I might add).

Also if this becomes a point of contention for me and I choose to lodge a grievance and potentially a claim can I use the previous misgivings of my employer which admittedly go back a year or more as reinforcement to my point in a straw that broke the camels back sort of deal? Or is there time bars on retrospectively moving in a breach of contract direction?

Also would being changed role and shifts constantly in contrast to other teams who have the same skill sets and job descriptions grounds for a grievance that would be taken seriously from a legal standpoint?

I'm sorry for rambling on a bit but if you read it, Thanks.

[labman]

Re: Grievance or no grievance?

I'd be inclined to give ACAS a ring. It's free and you'll get the professional advice you're seeking.

Here's a link to their website:

http://www.acas.org.uk/index.aspx?articleid=1461

If you just want to phone, their number is 08457 47 47 47 :beagle:

[charitynjw]

Re: Grievance or no grievance?

Do you have documented proof of the refusals, etc.?

See labman's link above, & https://www.gov.uk/holiday-entitleme...ts/entitlement

[SomeGuy]

Re: Grievance or no grievance?

Do you have documented proof of the refusals, etc.?

Thanks for the response!

Yes. I have decided that to cover myself I am best making these requests via Email.

Also as a side point. If I have submitted a holiday "request" and I hear nothing would I be in a position to take the holidays regardless as they have had there opportunity to decline them? My contract states only that the business has the right to decline a leave request not that it needs to explicitly granted.

Seeing as you lot are definitely on the ball I may run something else past you as google brings varied and much less focused results than I'd like. I have been informed that I am on a final written warning for attendance. However my last time off was over 6 months ago and I have only recently found out that this is on my file. I have never received any physical written warning and when I chased this up (perhaps foolishly as it may have been handy if I were required to plead ignorance at a later date) An email was forwarded to me by my manager from HR that advised I should have been informed verbally by my previous manager.

Is this enforceable seeing as I was informed approximately 4-5 months after the sanction was apparently imposed and no written decision was received? Also the notification I did get in the form of the forwarded email was around one or two sentences long and had no information on an appeals process, duration of sanction or any other implications.

Thanks again.