Holiday pay and employer harrassment

[teaboy2]

Re: Holiday pay and employer harrassment

.....looking at another thread on this forum, the person was advised to contact HMRC. Does this seem like a viable alternative in my case??

Yes as am sure they would be interested in this due to the tax implications etc.

My suspicion is that if I took this to ET, the employer would 'produce' a 2nd, separate contract for the 2nd job (like it had always existed). The employer is a rogue and would do anything (myself and colleagues have witnessed him lying to clients in order to deprive them of something they are entitled to, and using psychological coercion in order to persuade them not complain about this. A senior colleague threatened to expose him but nothing else was heard and it is presumed to be contained).

Would the fact that payment for the 2 separate jobs (on a single pay advice slip), be sufficient evidence that there is no separate contract for the 2 jobs? The fact that the NMW wage job is listed as an 'adjustment', but not itemised (hours and rate are not shown), appears indicative that this is calculated to be vague / deceptive i.e. There is no actual proof of hours so the rate could not be calculated from the payment, and neither could the absence of any holiday pay (for that job) be apparent from the payslip.

If they were to produce a second contract it wouldn't mean shit if you hadn't signed it. Yes if you had two sepearate contracts/jobs you would receive too separate payslips detailing break down of wages per hourly rate etc. Fact its just an additional lump sum payment would raise questions and cast doubt on the employers argument, same if they where to produce a fake contract, which you would have to argue you never signed.

I can be a bastard just like your employer, only i better at it (Ain't i [MENTION=49370]Kati[/MENTION] lol) and i the good guy lol! So hes about to meet his match if you see this through, though off course you'll be the one that finally puts him in his place!

[Kati]

Re: Holiday pay and employer harrassment

i better at it (Ain't i @Kati lol) and i the good guy lol!

I've gotta admit Teaboy's good at what he does :nod: you're in safe hands here [MENTION=65977]Scherezade[/MENTION] xx

[Scherezade]

Re: Holiday pay and employer harrassment

[MENTION=19071]teaboy2[/MENTION] - I will send you a PM as I can fill in the details that I don't want to be seen by whoever might be on the forum.

[Scherezade]

Re: Holiday pay and employer harrassment

Yes as am sure they would be interested in this due to the tax implications etc.



If they were to produce a second contract it wouldn't mean shit if you hadn't signed it. Yes if you had two sepearate contracts/jobs you would receive too separate payslips detailing break down of wages per hourly rate etc. Fact its just an additional lump sum payment would raise questions and cast doubt on the employers argument, same if they where to produce a fake contract, which you would have to argue you never signed.

I can be a bastard just like your employer, only i better at it (Ain't i @Kati lol) and i the good guy lol! So hes about to meet his match if you see this through, though off course you'll be the one that finally puts him in his place!

........you may have noticed that my contract was not signed. I only received it after I asked for it. Their copy is not signed either unless they forged my signature :tinysmile_hmm_t2:

[Scherezade]

Re: Holiday pay and employer harrassment

Teaboy2 wrote:

If they were to produce a second contract it wouldn't mean shit if you hadn't signed it. Yes if you had two sepearate contracts/jobs you would receive too separate payslips detailing break down of wages per hourly rate etc. Fact its just an additional lump sum payment would raise questions and cast doubt on the employers argument, same if they where to produce a fake contract, which you would have to argue you never signed.

.......the caveat with this is that I believe that employment contracts are deemed to have been accepted when a person starts a job, regardless of whether any piece of paper was signed. The 'contract' is in the offer / acceptance of work and starting that work and accepting payment. I am open to any corrections if I got this wrong.

[teaboy2]

Re: Holiday pay and employer harrassment

Teaboy2 wrote:



.......the caveat with this is that I believe that employment contracts are deemed to have been accepted when a person starts a job, regardless of whether any piece of paper was signed. The 'contract' is in the offer / acceptance of work and starting that work and accepting payment. I am open to any corrections if I got this wrong.

You weren't given a second contract of employment, you were offered additional duties under your current employment contract. You can not have 2 jobs for the same employer without both jobs each having their own written contract of employment which must be given within 2 months of starting date of each job, and the later of the 2 contracts must clearly state its not connected to the 1st contract or if it is, it would have to state what terms are effected such as difference in rate of pay! What you quoted above is from the point of view where your offered initial employment (1st job) at or after an interview, they must still provide you a written contract within 2 months of your starting date.