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Employer not following contract

9 replies

Namechange97543 · 23/04/2018 21:26

I’ve worked for a small business for 8yrs and signed my contract at the beginning and an amended one about 2yrs ago (change of hours).

Both state that after 5/10/15 yrs there is a ‘loyalty’ holiday bonus where you gain days leave.

In the company there are 2 groups of employees - One group senior to the other. I am one of the more senior group.

I was told at my 5yr appraisal the extra holiday loyalty bonus was only for the other group of more junior employees.
As a member of the more senior group it was down to me to negotiate. Which I tried, but was refused.

Am I right in thinking if it’s in my contract I should be getting it?
My contract is no different than the junior members.
Thanks

OP posts:
prh47bridge · 23/04/2018 21:45

Yes, if it is in your contract you should get it. If it wasn't for senior members of staff they should say so in the contract.

Namechange97543 · 24/04/2018 05:23

I’m going to have a look at it tomorrow. The difficulty now is how to raise it without pissing my bosses off.
For detail there’s another bit which could be worth a chunk of cash/bonus for me, which I’m expecting to be told also doesn’t apply for the same reason...

OP posts:
RiotAndAlarum · 24/04/2018 06:22

Oh, dear. Have I read correctly that you've waited three years for this? (Working there 8 years, accepting the change to your written contract after 5 years)?

Namechange97543 · 24/04/2018 06:40

Yes. The second bit of bonus is what’s motivated me to look at it now, haven’t been in the position to be elligable for this before.

OP posts:
Namechange97543 · 24/04/2018 06:41

Also, recent miscalculation of holiday allowance.
I didn’t think it’s malicious, just incompetent...

OP posts:
RiotAndAlarum · 24/04/2018 09:36

Is the inaccurate holiday pay "not malicious just incompetent"? I worjed somewhere where "mistakes" were to the company's benefit...

Look at the record of your company. Breaking their contracted promise about the holiday was deliberate. You complained (because it could have been out of incompetence), but they reaffirmed it as a decision at that point. They'll try to do just the same with a bonus.

Time for a better-paid job with a less dishonest company!

prh47bridge · 24/04/2018 12:05

Tend to agree with RiotAndAlarum.

Unfortunately, as it is 3 years since you should have had the increased holiday, it may be too late to do anything about it. But they haven't given you additional holiday to which you were contractually entitled, they've miscalculated your holiday allowance and you think you won't get the bonus to which you are contractually entitled. All these "mistakes" in their favour suggest they are taking advantage of you.

daisychain01 · 24/04/2018 23:00

It's disgraceful treatment on their part. Not only that, but also it's a bad sign that, based on past experience of dealing with them on the subject of remuneration, you feel unable to discuss it with them for fear of pissing them of.

The power base is heavily skewed in their favour which isn't 'healthy'

Ariela · 24/04/2018 23:49

Put it in writing.

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