chocolatepickle
Well-Known Member
When i started my job in February my contract stated i will work 3 days and i will be entitled to 20 days holiday per year from april to april. It did NOT state this was pro rata, this was signed by all three of my bosses- the two co-owners who are both active in the company and the manager.
Around july time whilst booking my summer holiday i pointed out this to my manager. I told her i thought she had made a mistake and that i had more holiday then i should, to which she replied "its complicated, the holiday has changed and i actually think you get 21 days, i told her again i was sure she is wrong and that it was not that complicated and actually i understand it (statutory holiday time) quite easily. Again she told me, insisted, i was wrong and didnt know what i was talking about and she would confirm i have 21 days later.
So today i asked how much holiday i have left as id lost count to which she told me i had two. I told her i was sure i had more then that left as i'd been saving some in case my little one got ill or i wanted some in the new year. She told me i hadnt, i only have 16.5 days a year and i'd used 14.5 of them. So i told her no, that my contract stated 20 days, she replied this was pro rata and i said no its not, my contract doesnt say that and she said, "well thats what it is, bring in your contract next week when (the two owners) are back from holiday".
Now i know next week i will do that and they will say accept less holiday or you know where the door is- that is exactly how they are. But i would never have used the time i have if i had not had as much as my contract says, i would have made sure i had enough in case my little one is ill for as long as possible. But i dont want to get sacked over it and i certainly wont quit, but at the same time i dont want to be treated like an idiot. i would be much more inclined to forget about it had i not told her in the summer, but she was so pig headed and adament she was right (she's ALWAYS right and doesnt like being told she's not)
To complicate my work life further, this comes two months after they realised they had made a mistake with my wages and paid me too much (about 100 pounds a month since started) but said as it was not my mistake they would not make me pay it back, i dont want them to go back on that and say i have to- having lost £100 a month anyway i certainly cant afford to pay them back on top of the loss.
I'm sorry this is so long but i would like to give the whole story and see if anyone has any idea where i stand legally with this mess.
If i get sacked or made redundant over it is it wrongful dissmissal? And as all 3 of them signed my contract can they make me take less time. They will try and bully me into it i'm sure (they are not nice employers) and so i would like to be able to discuss with some level of confidence, or at least go into the meeting with tem as well informed as possible. Also, would i be best to take someone in with me on my behalf as a witness to any conversation if it becomes a problem? Im sure it wont end good for me at all.
Thanks!
Around july time whilst booking my summer holiday i pointed out this to my manager. I told her i thought she had made a mistake and that i had more holiday then i should, to which she replied "its complicated, the holiday has changed and i actually think you get 21 days, i told her again i was sure she is wrong and that it was not that complicated and actually i understand it (statutory holiday time) quite easily. Again she told me, insisted, i was wrong and didnt know what i was talking about and she would confirm i have 21 days later.
So today i asked how much holiday i have left as id lost count to which she told me i had two. I told her i was sure i had more then that left as i'd been saving some in case my little one got ill or i wanted some in the new year. She told me i hadnt, i only have 16.5 days a year and i'd used 14.5 of them. So i told her no, that my contract stated 20 days, she replied this was pro rata and i said no its not, my contract doesnt say that and she said, "well thats what it is, bring in your contract next week when (the two owners) are back from holiday".
Now i know next week i will do that and they will say accept less holiday or you know where the door is- that is exactly how they are. But i would never have used the time i have if i had not had as much as my contract says, i would have made sure i had enough in case my little one is ill for as long as possible. But i dont want to get sacked over it and i certainly wont quit, but at the same time i dont want to be treated like an idiot. i would be much more inclined to forget about it had i not told her in the summer, but she was so pig headed and adament she was right (she's ALWAYS right and doesnt like being told she's not)
To complicate my work life further, this comes two months after they realised they had made a mistake with my wages and paid me too much (about 100 pounds a month since started) but said as it was not my mistake they would not make me pay it back, i dont want them to go back on that and say i have to- having lost £100 a month anyway i certainly cant afford to pay them back on top of the loss.
I'm sorry this is so long but i would like to give the whole story and see if anyone has any idea where i stand legally with this mess.
If i get sacked or made redundant over it is it wrongful dissmissal? And as all 3 of them signed my contract can they make me take less time. They will try and bully me into it i'm sure (they are not nice employers) and so i would like to be able to discuss with some level of confidence, or at least go into the meeting with tem as well informed as possible. Also, would i be best to take someone in with me on my behalf as a witness to any conversation if it becomes a problem? Im sure it wont end good for me at all.
Thanks!
