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Is it me or is our boss tight/ripping us off?(11 Posts)
My colleague and I work three days each doing admin for a lady who has her a very successful group of businesses. But we can't help but get the feeling she is ripping us off (as well as other employees who do different jobs). Our holiday entitlement seems very small. She includes Bank Holidays in her pro rata calculation, then takes the bank holidays off us to give us a total number of days holiday we have (three of which we have to take at Christmas which is not unusual). But it seems to leave us with very little holiday, or we have to take our holiday on weeks with Bank Holidays in to make any sense. Other employees who don't work on say a Monday have less days taken off them as most Bank Holidays fall on a Monday so they get more pure holiday days left. Is this all fair? Or is it all ok and just tough luck to us? Also, she sometimes asks us to drive to her other business sites on errands, in our own cars, and then does not pay us milage. It's not that this clocks up loads of miles, but to us it's the principle of wear and tear on the car, petrol and insurance (as my car is only insured for travel to and from a place of work). Am I right to be concerned or am I just totally out of touch with the workplace now? I guess it just sticks in my throat a bit when she is in her villa overseas and we have to text her (on our own phones) to let her know we are faxing and to turn the villa phone from phone to fax!!!!!!!!
"Am I right to be concerned "
Not at all. What would happen if you have a crash during the workday on a business errand?
Not worth the risk - your insurer wouldn't pay out or fight the case on your behalf (e.g. if it wasn't your fault) if you're not covered.
Re: the car and mobile phone costs... why did you start to use them for business purposes anyway?
The next time it's raised, remain firm that you cannot use your car for business purposes unless they want to arrange business insurance/cover, and your mobile phone is for emergencies only.
I'm sure someone else will have more to say on the Bank Holiday entitlement - but it appears that on the phone/transport issues, you're having the piss taken out of you, but you're letting it happen. You may find that if you refuse to continue the status quo you are easily replaced, though; it doesn't mean you're in the wrong to question this setup.
Bank Holidays are very complicated. Where I work (a very large company) part timers are entitled to all the Bank Holidays, so we get days in lieu for any that fall on our non working days. I don't think she should be including them in the calculation in the first place. If you work 3 days a week then you should be entitled to 3/5s of the BH which would be 4.8 days - a nice boss would round that up to 5. So if say 3 BH fell on your working days, you would be entitled to add an extra 2 days onto your entitlement. I am sure there is new legislation which says that BH are on top of AL entitlement. But don't quote me.
28 days is what you are entitled to as a full-time member of staff, including bank holidays, this should then be pro-rated out according to your part-time hours.
think statutory holidays are 28 at the mo for full-timers so you are entitled to 3/5 of that - 16.8 days. bank holidays are included in that so if you work mondays you could end up with very few days to take whenever you want. www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10029788
as for the car - you're not insured and you need to either refuse to do it, or change your insurance to business use, and get a mileage rate agreed.
the phone thing sounds more petty, most people have inclusive texts - is it actually costing you money? i can understand why it grates though if you're not desperately happy anyway.
Work out what you're really entitled to on the fine Business Link holiday calculator.
It can be fiddly, and I wouldn't be surprised if yr boss has got it wrong.
The car use is a separate issue and shows your boss is mean and acting, I presume, illegally. Talk to Acas (excellent helpline with real, clever advisers) who will tell you how to phrase the request for proper arrangements without confrontation.
Incidentally, when you do communicate with your boss, keep notes or put it in writing. If she goes on ripping you off you can complain properly and get some legal leverage on the issue. But if she's clever as well as mean (they often are) she'll prob give you what you want.
Thank you all for your help. Skrumle - I think you are right in that I'm just not happy there. I have not been there for long, bit it just feels like one of those places where you have to watch every word you say, where you're ok if your face fits, and there are loads of little things I've seen, heard, read that just makes me think I am not working for nice people. And yes, I work Mondays so seem to be left with very few days holiday a year which is difficult with two young school age children. I've now tried the business link calc and where she said that, given when I started in the year, I had 11 days, less 7 BH's, less 3 for Christmas, leaving me one day, the calc says I should have 14 days total, so I've been diddled out of 3 days. That's a whole week's holiday to me. I've not been given my holiday entitlement for next year, but feel that if I bring these issues up I'll get a P45 instead. She's notorious for being a hard nut. Must be brave!
Most car insurances cover occasional business use - you need ot phone your insurers and check. In that case you should be entitled to mileage at ?45p? per mile (check on HMRC website - used to be 40p but went up recently). that covers petrol AND wear and tear / insurance etc.
Re: holiday calcs - when does your holiday year start and end? Many companies holiday years do not coincide with calendar years...
Just a note - I'm pretty sure the hmrc mileage allowance is not what you are entitled to - but are the top ranges up to which tax is payable on mileage. Companies can set their own mileage allowances under those rates afaik.
As hairylights says, the mileage rate set by HMRC is NOT an entitlement. Employers can pay whatever they want, above or below the HMRC rate. That includes paying nothing at all. You don't have to pay income tax on any mileage payments from your employer unless they pay more than the HMRC figure. That is the only significance of the HMRC figure.
It's not unusal to give part timers a total holiday entitlement that includes bank holidays and to ask people who's usual work day falls on a bank holiday to either take annual leave on that day or work another day in lieu.
As hairy says your holiday allowance will depend when the holiday year runs to and from, when you joined the company.
For example, a Full time member of staff (FTE) gets 28 days statutory annual leave which includes bank holidays. As someone working 3 days you will get 3/5 or 16.8 days (most employers would round this up to 17 days for ease).
So, if you work Mondays, Tuesdays and Wednesdays and have, let's say, 6 of the bank holidays falling on your working days you get 17 - 6 days = 9 days to choose (obviously your employer has a mandatory 3 days leave so that's 6 days left or 2 weeks). However, if on a week with a bank holiday Monday you agreed to work Tues, Wed, Thurs you would not be using your annual leave entitlement.
And as for the mobile and car use, just say sorry I can't. I don't have the car today/mobile if you're feeling awkward about just saying no. Which would be ok to do too.
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