holiday pay

[sacrificed]

I've recently left my job because of what I perceived as workplace bullying. my allocations manager tried to make me work without a proper meal break, I'm governed by tachograph laws. when I protested he told me to, after a slightly heated argument, "get out, go on eff off". to me ,as far as I'm concerned, that means I'm sacked. another employee left the next day for similar reasons, as have approximately five other employees over the previous 12 months. I rang my manager today and was told he's going to accept his word over mine so he told me he'd take that as my resignation. I told him I've been in touch with five of the drivers who've left and they'll all support a constructive dismissal claim from me. I've been employed there for six years and asked twice for a written statement of employment particulars and been refused it on both occasions. I also am paid 40 hours, minus 50p an hour bonus, for every five day holiday I take even though my average working week is approximately 52 hours, with 50p an hour bonus. do I have a case for unfair dismissal and can I claim unpaid holiday pay for the term of my employment?

[ostell]

Re: holiday pay

For the holiday pay: yes you are entitled to payment for holiday earned but not taken, and not just in 5 day "lumps". This web site should help.

There is talk about a change to the holiday regulations that makes your normal pay, ie with the 50p bonus, the basis for the calculation of holiday pay. I haven't investigated this.

[teaboy2]

Re: holiday pay

If you were told to get out and have 5 other drivers that were treated the same and told the same "Get out, go on f** Off" then you would have grounds for unfair dismissal, not constructive as you never resigned, you were told to leave by the allocations manager and effectively summarily dismissed without any formal disciplinary process! They on the other hand only have the allocation managers word that you and no doubt the others too had resigned. Thats 1 persons (allocation managers) word against yours and 5 others word!

As for holiday pay yes your entitled the 52hrs, 52 hrs are by customary practice your implied terms of contract in relation to hours per week, the fact they refused to give you a written statement of your contract won't change that, but likely support the fact that your working hrs were 52 a week and therefore any deduction from pay would be unauthorised under section 13 of the employment rights act 1996. The failure to provide you with a copy of your written statement of employment is also a breach of section 2 of the say act!

How long had you worked at the company?

[sacrificed]

Re: holiday pay

I've worked there six years this September. other five drivers hadn't been told to get out, f. off but resigned because of bullying by the allocations manager.

[teaboy2]

Re: holiday pay

I've worked there six years this September. other five drivers hadn't been told to get out, f. off but resigned because of bullying by the allocations manager.

Were you bullied and/or harassed on more than one occasion by the allocations manger?