Holidays/time off while working for a bully

[SummersBreeze]

I wrote a post last week or the week before about working for a bully. I will be making changes getting out from that job. That won't happen over night though.

The last time I was allowed a week off was back in 2019. I wasn't allowed holidays since then. I only had one week off. I know this is against employment laws and it should be 4 weeks per annum.

I remember asking for holidays in early spring of 2020 for a week holiday in August and the hullabaloo that was made by my boss was incredible. She felt hard done by, allowing me a week off. The face on her, was incredible at the time. She begrudgingly gave me the week off.

Then the pandemic hit and the world changed and my holiday was cancelled. I because I didn't get on a plane to fly away anywhere, I was made to go to work. I worked all throughout 2020 and 2021 without any time off.

I hate it.

I have an important event coming up in June now. It's not a holiday exactly but it is important to me and I would like to get a week off.

How will I go about this. I know if I was to ask for a week off I will be denied or it will be begrudgingly given. I know if I was to go to work that week, she will likely see the important event and work me into the ground from morning time til night time. Being made to work for 12+hours can be regular from the boss. She doesn't think twice about having me in from 8 am in the morning and there I am still working at 8 or 9 or 10 or 11 at night.

I do have an important event coming up in June and it's so important for me. If I continue to work I will likely miss it because my boss will work me into the ground. If I book time off, it may be begrudgingly given. Maybe but more than likely some excuses will be found.

I'm thinking about goitto my GP and getting signed off from work. What can I say to get signed out from work for a week? Do I pretend to be sick or have back ache to get time off? Or will I be honest and maybe say depression or work stress?

Aren’t people who work in care homes in demand? Could you afford to leave and go back to work in July after your family have visited?

Oh this is ridiculous op you are entitled to holidays take them . Tell bully boss you are entitled to holidays and take them . I’d find a job sharpish or you are just going to have to insist. What sort of shit company won’t let you take annual leave? I’d walk out immediately if I had a job like that . They are getting away because you are allowing it and you’ve put up with this for years .
Take action today check your contract and what your entitled to and speak to Acas . There should be no hoo ha as you say you ask for annual leave you get it accepted. What you do with your time off is no business whatsoever .
It’s your choice op stand up to them !!

You don't have to tell her what you need the time off for. Let her assume you're leaving the country but it's irrelevant. Get the time off booked. Don't tell her if you're away or not and DO NOT answer the phone while you're on leave.

Is she an independent business, with just you and her working there? Who does the payroll? If outsourced, they may provide other HR support. What about calling Acas?

Do you live in the U.K.? Do you have full entitlement to live and work here? If so, there is absolutely no reason to put up with this working environment. Carers are in extremely high demand. Look on any job site and you will find many many vacancies, all with better working conditions than this. There’s no reason to be in this job next week, let alone in June.

This sort of behaviour, no paid holidays, no paid overtime, no HR or proper regulations is illegal. So, why are you putting up with this? This has been going on for years so you could either have got another job as they ate crying out for care workers or perhaps you are working illegally, or in the country illegally and cannot afford to make a fuss. No person would willingly put up with this.

It’s a legal requirement to give paid time off so they are breaking the law . Come on op in all these years you’ve not been able to find another job ? You know this isn’t the norm . Contact acas if your not going to quit .

I was actually going to walk in the year 2020 but I decided to stay put because of the covid virus. I saw the virus as a threat and my work at the time had a low number of people and contacts so it was low risk for an exposure. I knew if I changed jobs, there was more risk for contracting the virus so I was happy to stay on because it was low risk contracting the virus. Now the virus isn't much of a threat any more so I will be making changes and moving forward away from the job.

What is your job role?

@SummersBreeze

I was actually going to walk in the year 2020 but I decided to stay put because of the covid virus. I saw the virus as a threat and my work at the time had a low number of people and contacts so it was low risk for an exposure. I knew if I changed jobs, there was more risk for contracting the virus so I was happy to stay on because it was low risk contracting the virus. Now the virus isn't much of a threat any more so I will be making changes and moving forward away from the job.

If you want to use covid as a excuse to stay working for a bully then nobody can help you . I’m baffled why anyone would put up with this I’m even more baffled your reason is covid . This is a employer that gives no shits for your welfare the irony you use covid as your reason for staying in a job . Good luck op but time to be brave and act.

In the nicest possible way- you need to grow a backbone and either stop going, or just leave at the end of your shift. Tell her that's when you are off. If she argues, tell her you have an appointment with a solicitor about your contract/ holidays/ overtime/ working time directive. Watch her shit herself.

Where I live, there are more than 20 adverts for care assistants within a 5 mile radius of my house and I don't even live in a city. Find another job- I know it's not always that easy but there are a shortage of workers in every industry right now. Set yourself free, you won't look back

I learned a few years ago to get any time off I need to physically leave the country because if I remain in the country she tries to grab a hold of me.

This only happens because you allow it. If she tries to make you take a shift, you say no and perhaps temporarily block her number

If you are in care, you may not be able to walk out at the end of a shift of your replacement doesn’t arrive, but you can refuse to work the remaining shifts in the week if you have already hit your hours and they aren’t paying you extra.

Remember that the bullying into extra shifts and work is because they are short staffed. It isn’t just so your boss can golf. You might get fired for growing a backbone, but it’s very likely you won’t. If you do, remember that you are in a high demand industry. Spin it as a scheduling conflict and get a new position.

OP, are you in the country illegally and being paid cash in hand, and scared that you won’t be able to find another job? Because this is the only reason I can think of that explains why you let your boss treat you like this.

Hi OP.
I work on a modern slavery team prosecuting people who do what your boss is doing.
Please PM me and I will explain exactly what you need to do.

You are owed a lot of money. 3 years holiday pay to start with. Plus all the unpaid hours.

Please do not worry about your immigration status. The modern slavery act 2015 covers people in your situation regardless of immigration/tier 4 status etc.

There are solutions to your problem.

You work in care? Seriously, you could phone around and have ten job offers by tomorrow afternoon if you wanted.

Tell your boss to sod off and report her to CQC when you do leave.

@secretsqizzle

Hi OP. I work on a modern slavery team prosecuting people who do what your boss is doing. Please PM me and I will explain exactly what you need to do.

You are owed a lot of money. 3 years holiday pay to start with. Plus all the unpaid hours.

Please do not worry about your immigration status. The modern slavery act 2015 covers people in your situation regardless of immigration/tier 4 status etc.

There are solutions to your problem.

OP can’t claim three years of holiday pay as there’s a two year back stop on holiday pay claims. And even that only applies if there’s less than a three month gap - if OP hasn’t requested holiday or taken holiday for a period longer than three months then the time limit expires.

She also may not be entitled to extra pay for the additional hours worked unless her contract specifically provides for this and/or it puts her pay below NMW. If it’s below NMW then absolutely worth a claim. Employers can be named and shamed now for breaches of NMW legislation!

The usual procedure would be a formal grievance OP highlighting all of your issues and referring to the specific breaches of contract.

You could also be entitled to resign and claim constructive dismissal due to the poor working conditions (specifically if your contract and/or statutory rights have been breached).

I’m amazed you have put up with it for this long!

MrsPinkCock
If what the OP is claiming is as described she would be entitled to apply to the NRM. Again - if the details are correct then the employer could face charges under the modern slavery act as well as NMW violations.
If this were proved and she was given a conclusive ground's decision she could make a claim to the employment tribunal. Must act fast though and put in a claim within 3 months of leaving.

This (as described) is not bullying. This is a criminal offence if the employer is using any form of coercion, threat or debt bondage to keep this employee from exerting her rights. I have prosecuted care home managers before for exactly this type of behaviour. The usual method is to get carers from say India /Sri Lanka on Tier 4 visas promising 37 hrs a week and £15 per hour then treat them like the OP... threatening to withdraw their visa and send them home if they don't comply.

Help is available.

The OP needs to go to the police and report this to a modern slavery team. Or call the modern slavery helpline 08000 121 700

www.modernslaveryhelpline.org/

This actually sounds like a modern day slavery situation.

She could end up in prison for this.

Sorry @secretsqizzle hadn't read the whole thread I see you literally just covered that.

Why are you tolerating her shit? Apply for leave, if she refuses, send her a copy of the law regarding minimum leave. It’s not her decision. If she plays funny, call ACAS/take the time off as stress, whatever you have to do.

How much notice do you need to give and how much annual leave do you have accrued? You could resign taking your annual leave as part of your month’s notice so never need to go back! I’m pretty sure there are usually a decent amount of posts for care work, why not check out some agencies.

Are you a carer, OP? The country is crying out for good, dedicated careers. You could probably find a new role to start next week where they pay you for all the hours you work and give you time off for holidays and treat you the way you deserve.

Find a new job, start asap and don’t give her another thought.