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Can anyone help me with slight disagreement?

19 replies

Twiggypiggy · 09/01/2008 18:40

I work as a barmaid and waitress in a local village pub. Two years ago when I started I was told that my holiday entitlement ran from Dec to Nov and was given four weeks hol.

I usually take the first week of my entitlement in the Feb half term. So last night at work I mentioned that I would take that week. I was told that my entitlement had now moved to April/March so I could not have my first week off in Feb. So I said no problem I would take it later on.

Now just mentioned it to DH who has gone really mad (not at me) and said they are not able to do this as I have gone from a 12 month window to a 16 month window and I should be due another weeks holiday from now till April.

Sorry this is long, but I said well I have had my four weeks from last year and does it matter that I have to wait till April to get my next four and he said yes they are not allowed to do this and I have to tell them or leave. I hate confrontations.

What do you think?

OP posts:
colditz · 09/01/2008 18:44

They can't do that, they cannot just decide that they are going to make you work another 5 months for your holiday, I'm sure. Because when you leave, they will have effectively got a 'free' weeks work out of you.

Having said that, it's up to you what you tolerate, not your husband.

edam · 09/01/2008 18:44

If they are going to change the terms and conditions of your employment, they have to let you know in advance (and negotiate with you). So they can't just announce 'oh, by the way, we've changed your holiday year' without having even told you about it! Do you have a written contract of employment? If not, they are already in the wrong. Even so, there are basic implied terms (plus anything you have agree verbally). Check out the government employment website - think it's called www.tiger.gov.uk or something (can't remember what the department of employment is called these days but have a shufty on google and you'll find it).

HTH

flowerybeanbag · 09/01/2008 18:46

Twiggy you are entitled to 24 days off a year (if you work 5 days a week) which can include bank holidays.

Your employer can decide to change how they organise your holiday, ie change the holiday year to April - March, but they can't take away your entitlement while they do it.

So DH is right, you should make sure you get your entitlement for December, January, February and March. If you work 5 days a week and only get the basic statutory entitlement that's 24/12x4=8 days.

flowerybeanbag · 09/01/2008 18:48

edam they can change how the holiday year is organised without consultation, as long as the employees don't lose any holiday as a result. The fact that the holiday year used to be Dec-Nov isn't one of the terms and conditions, it's just organisation.

Obviously they can't try and diddle her out of her entitlement though.

flowerybeanbag · 09/01/2008 18:49

here you go Twiggy, some info.

Twiggypiggy · 09/01/2008 18:49

Thank you for replying.

Edam - I do not have a contract of employment.

They are very nice people to work for please don't get me wrong, but they have their own rules!

E.g. First Good Friday I worked for them (Friday is my shift) I asked if I was entitled to extra pay - and I did get it (all hush hush tho as I was the only one). So the other Good Fridays - I have asked am I getting the extra - to be told no. Same as Boxing Day and New Years Day - I worked as they were my shifts but with basic pay.

I only work for pocket money so it is not entirely essential. DH would not mind if I saved it all up and did not spend it and he does not mind if I say we are going on whatever holiday with it.

I just know that if I broach the subject with them I will be shot down in flames.

OP posts:
Twiggypiggy · 09/01/2008 18:51

Thank you flowery. I will print it off and decide how I am going to play it.

OP posts:
flowerybeanbag · 09/01/2008 18:52

Twiggy however nice they are they can't have their own rules!

Try the tool here to see what your basic rights are. However nice someone is, you mustn't get taken advantage of, please.

flowerybeanbag · 09/01/2008 18:53

x-post. Have a read of the stuff on that page, it's very user-friendly and talk to your DH (who sounds like he has your interests at heart) about what you want to do.

Twiggypiggy · 09/01/2008 18:57

Thank you ladies.

OP posts:
colditz · 09/01/2008 19:15

they can't be that nice if they have essentially decided they are taking a week's wages off you.

Twiggypiggy · 09/01/2008 19:24

They are genuinely nice people but as it is their own business maybe they (I don't know) try and cut corners perhaps with wages in the hope that the employee is probably not up to date with legislation - which obviously I am not.

In instances like this where I serve the public and sometimes get the crappiest of customers wish I had never left my secretarial job. I have been out of this now for 10 years and would love to go back but it scares me that I would be crap at all the up to date technology.

I used to be a PA to a member of senior management in a Life Assurance Company. We lived down south then and moved back up here when DS turned a year old. Employers asked if I wanted to transfer to another branch and I said no as I wanted to be at home for a while.

Hmmmm if only. But then I did have a lovely time with DS1 being at home with him and then DS2.

OP posts:
flowerybeanbag · 09/01/2008 19:27

Technology wasn't that different 10 years ago - it's not like they hadn't started using computers or anything. Sometimes if you register with recruitment agencies they offer refresher courses on the usual software, Word, Excel, Powerpoint etc

Twiggypiggy · 09/01/2008 19:31

I think Flowery what I am lacking is confidence and would be quite happy with a receptionist job or admin just to get me back into the swing of things and go on from there.

New Year's Resolution - to get off my butt and assert myself and look for a new opportunity.

OP posts:
flowerybeanbag · 09/01/2008 19:33

You go for it! Couple of month back in some kind of admin job and you'll be full of confidence!

bookwormmum · 09/01/2008 19:50

I bet you haven't forgotten as much as you think you have. Your local FE college probably offers brush up courses on office skills as well and you can often do them at night.... worth trying to see if you can fit some in this year.

Twiggypiggy · 12/01/2008 08:51

Hello - just wanted to say that I worked myself up into a complete frenzy on Wed/Thur/Fri wondering what on earth I was going to say last night to my employer re the holiday entitlement. (I can fight other peoples battles - but not my own!).

Anyway, I took the bull by the horns and just came out with it and he said hmmm well I think we will leave your holiday running from the months that it already does! There was no argument, no frostiness no nothing just normal. So I panicked over nothing really - but hey I got a really good nights sleep last night instead of waking up worrying like previous nights.

Have asked DH tho to help me with cv (I have not had to do one since I was 20) when I started working for the Life Assurance Company.

Am definitely ready for something else - and will take my time looking round - although need something to fit in with school hours. Our University will be a good starting place I think.

Thank you.

OP posts:
flowerybeanbag · 12/01/2008 18:31

Twiggy glad you got it sorted and good luck with the job hunt as well.

edam · 12/01/2008 18:35

Hurrah! Well done Twiggy!

Hope the rest of your plan goes just as well - I bet you'll be amazed at what you can do when you put your mind to it.

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