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Hi all
I work for a major/popular/well known high street chain in one of their stores. I have been working there since December 2011 (2 and half years now). I am currently having a problem which I've just discovered looking through my contract/colleague handbook that I have potentially been underpaid massively! I have only recieved 1 contract which although starting in December 2011 I received it and signed it on 29/12/12 which still has some of my old information on it, the contract I have states 7 hour contract, I currently am on a 15 hour contract but have never received another updated contract nor signed signed a new one, just agreed to doing 15hours verbally.
Im currently getting paid my base amount for base hours and overtime, my contract states under Hours of Work :
Overtime rules state (From the colleague handbook):
Now what I want to know and want to know if I have a case for is that my contract says my standard working week will be 38.75 hours unless other wise specified in part B, Part B says 7 hours, so my standard working week is 7 hours. Is my handbook talking about standard working week? If so any hours I do above 7 hours I should be getting time and a half for? If this is the case, do I have a case to go through ACAS and the legal side of things to claim that money back which I could be owed/entitled to?. Please note that I have requested under the data protection act all timesheets that I are related to me dating back from the date my employment commenced
I also have a issue with a holiday request which I requested in January for 2 weeks in August, the original request was turned down because someone else had already had those times (I spoke to the person who had the time off and they said they got it approved last year), At the time of me submitting the request I didnt see any holiday request from this person, few weeks later I see that there is a holiday request from this person on the wall but I dont know what the dates were. We had a new manager who had a look at the holiday rota and said he'd have a look and see, he got back to me and said he cant really see any chance of me getting it but will look deeper into it , and then I never heard anything back. So since then (probably talking April time) I started looking at new jobs etc, eventually got offered a new job and was able to get the holiday I was offered, now I went to my line manager (department manager, assistant store manager) and said to him, I want to stay at the company but I can only do that if I get the time off, if not I'll have to leave, he said he'd chat to me and have a look tommorow and see what he can do (I have text evidence and screenshot evidence of this conversation), we had a look and he authorised the time off for me. I've then found out today that through a colleague that my authorised holiday has been revoked by another assistant store manager, she has not even told me yet, ive only found out through a colleague. I've looked in my colleague handbook and contract about this (I have in the message sent to the store manager said that this is in breach of my confidentiality, telling people about something that relates to me without actually informing me first).
My colleague hand book states:
as far as im concered I contacted my line manager about this, got it authorized in advance to. procedure has been followed. There is nothing in my contract nor colleague handbook that states holiday can be revoked at any time by management for any reason , simply states what I have stated above. I have contacted the store manager about this earlier on WhatsApp who is not happy and told me that my line manager should not of authorised it and that it is the store manager who authorises holidays (not what my handbook states) he has said he will talk to me tommorow.
Where do I stand with both issues?
Thanks in advice.
I work for a major/popular/well known high street chain in one of their stores. I have been working there since December 2011 (2 and half years now). I am currently having a problem which I've just discovered looking through my contract/colleague handbook that I have potentially been underpaid massively! I have only recieved 1 contract which although starting in December 2011 I received it and signed it on 29/12/12 which still has some of my old information on it, the contract I have states 7 hour contract, I currently am on a 15 hour contract but have never received another updated contract nor signed signed a new one, just agreed to doing 15hours verbally.
Im currently getting paid my base amount for base hours and overtime, my contract states under Hours of Work :
Your standard working week will be 38.75 hours, unless otherwise specified in Part B (Part B says 7hours) , your core hours will be directed by your manager. ....talks about paid breaks..... Saturdays, Sundays and Bank Holidays are considered to be normal working days unless (in the case of Sundays) you have opted out under the Sunday Trading Act 1994. You may be required to extend your hours as necessary in order to meet the full requirements of your job and the business, subject to the provision of the Working Time Regulations of 1998. You will only be entitled to overtime if specified in Part B (Part B also states ' Any hours worked over your contracted hours will be paid in line with over time rules ' I shall get onto overtime rules next)
Extra Hours worked must be agreed by your line manager and are paid at at single time up to 38.75 hours. An hours worked above 38.75 hours are paid at time and a half for any working day. Time off in lieu can be substituted for pay with the agreement of both the colleague and the store manager
I also have a issue with a holiday request which I requested in January for 2 weeks in August, the original request was turned down because someone else had already had those times (I spoke to the person who had the time off and they said they got it approved last year), At the time of me submitting the request I didnt see any holiday request from this person, few weeks later I see that there is a holiday request from this person on the wall but I dont know what the dates were. We had a new manager who had a look at the holiday rota and said he'd have a look and see, he got back to me and said he cant really see any chance of me getting it but will look deeper into it , and then I never heard anything back. So since then (probably talking April time) I started looking at new jobs etc, eventually got offered a new job and was able to get the holiday I was offered, now I went to my line manager (department manager, assistant store manager) and said to him, I want to stay at the company but I can only do that if I get the time off, if not I'll have to leave, he said he'd chat to me and have a look tommorow and see what he can do (I have text evidence and screenshot evidence of this conversation), we had a look and he authorised the time off for me. I've then found out today that through a colleague that my authorised holiday has been revoked by another assistant store manager, she has not even told me yet, ive only found out through a colleague. I've looked in my colleague handbook and contract about this (I have in the message sent to the store manager said that this is in breach of my confidentiality, telling people about something that relates to me without actually informing me first).
My colleague hand book states:
All Holiday must be authorised, in advance with your line manager to ensure adequate coverage within your team throughout the year
Where do I stand with both issues?
Thanks in advice.
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