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Job not paying sickness pay or holiday pay for part-time employee (18 hrs per week).

35 replies

LOVEMYMUM · 15/12/2007 17:38

I started my job in June 2007 and found out i was pregnant the following day. My boss told me to write out the numbers of hours i work and she would pay me at the end of each month. I don't get holiday or sickness pay. My boss deducts NI and taxes. I didn't ask about sickness/holiday pay cos i was grateful to have a local job working 10 till 4, three days a week. (I can only do part-time cos of RSI). Is my employer right not to pay holiday or sickness pay?

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LOVEMYMUM · 07/01/2008 14:11

Have kept payslips and am on phone to my union for further advice. They said to write a letter to her using my grievance procedure. I said that i don't know their grievance procedure cos i didn't get written statement of employment particulars and she'll ignore it anyway. Waiting to hear from union what to do next.

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flowerybeanbag · 07/01/2008 14:13

Lovemymum what a horrendous situation. Here's the standard 3 step grievance procedure.

LOVEMYMUM · 07/01/2008 14:46

Hi flowery. How was your holiday (have been reading other posts)?

Thanks for the link. I don't have time to go through the procedure: My LO is due at the end of Feb and i need to sort this out v quickly. I don't want to make the situation bigger than i have to. (I get higher BP under stress). Moreover, given her history with responding to customer complaints, she will not do anything till the last minute and then send off a letter saying "am looking into it!". She would rather pay a big fine to the regulatory body than pay a smaller sum to a disgruntled client! (Have spoken to her firm's regulatory body and they can't help.)

If the P45 doesn't go off with the contributions, i'm not having some silly moo stop me from getting my Maternity Allowance.

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flowerybeanbag · 07/01/2008 15:29

Hiya, good thanks, went to France for a few days after Christmas to see my parents. Hope you had a good Christmas.

How about having a chat with the CAB, it's a bit complicated what with you being owed holiday pay etc and the tax issues that have come to light, and they may be able to tell you how to ensure your MA is not in jeopardy.

Do consider the grievance procedure. It looks longwinded but from your point of view all you have to do is a basic letter outlining your grievance, everything else is up to her, presumably she probably won't do it, but at least then you've ticked the box of going down that route. Keep on at your union to help you as well.

LOVEMYMUM · 07/01/2008 15:49

Bon apres-midi. My parents have a flat in the south and i'm looking forward to taking LO there in the late summer. Looking forward to the special offers in Carrefour.

Have spoken to inland rev & jobcentre: Tax & NI is paid at the end of the financial year and its perfectly normal that they don't have a record of me for this job cos i started in June 07 and finished Dec 07. Jobcentre said my payslips should be proof enough for mat allow. GMB said how to word a letter in order to get the rest of my holiday money (i calculate its £134 or so). Have just spoken to boss to get P45, payslip and rest of money - will do letter if i don't get these by next Monday. Feeling MUCH better now.

Have been on the phone since 1.45 to sort this out. Time for lunch!

Thanks everyone.

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flowerybeanbag · 07/01/2008 16:10

ooh sounds like you have made some progress, that's excellent news! Good to hear you're feeling more positive about it as well.

gr1973 · 08/01/2008 13:24

also glad to hear that you're feeling better and have made progress! Hope you get your holiday pay without too much inconvenience and hassle.

LOVEMYMUM · 14/01/2008 17:13

Quick update - still haven't received anything despite making a polite phone call to my old boss on Friday. I called again today and she claimed she had no time to do it. Waiting for union to call me back. V concerned now about tax and ni contributions. Colleague who has been off sick since mid-Dec hasn't been paid either (even for before she got rushed to hospital!). Business is still there, so i know they haven't disappeared into thin air. Was about to go round to office and plonk myself down until i got P45 and money owed!

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LOVEMYMUM · 14/01/2008 18:08

Am sending a letter by recorded delivery. If boss doesn't supply money etc in 28 days, then union will liaise with solicitors to write to boss to get things done. If boss hasn't paid my contributions, then i hope she gets investigated by Inland Revenue!

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LOVEMYMUM · 20/01/2008 20:39

Quick update - still no P45 etc. Inland Rev don't have P45 i gave boss when i started work. Inland Rev are writing to boss to ask for my salary info etc.

Have sent letter to employer stating that i believe she has illegally withheld money from me as not received correct amount of holiday pay nor the Dec 07 payslip.

Have to wait till mid-Feb for a reply (28 days), at which point union will contact solicitors to chase money etc and then a tribunal if no luck. (Modified Grievance Procedure)

So it looks like i may well have to attend a legal hearing with a newborn baby!

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