Unfair dismissal, holiday pay and what should I do next?

[BettyBaa1994]

Just to add to that (for those of you interested) that information is from the The Workplace (Health Safety and Welfare) Regulations 1992.

Thanks sorry have not been online for days, but have contacted acas regarding holiday pay. She has refused to pay me even that and said she is contacting the police if I come near the salon...:irked:

She just does not want to pay holiday pay and return the mini oven. You are right an area to heat food is mandatory that is why she probably took my mini-oven :sad:. Oh well I just need to wait for tribunal.

 

[BettyBaa1994]

Well you already said in your first post , that your employer let you go , during your notice period due to you bad mouthing her/him, to the new therapist . So maybe before you spend your hard earned cash on a tribunal , you best remember the actual facts of why your notice period was cut short . X

It was cut short by one day and the ONLY thing I could have said within the time period was me telling another therapist the reason for leaving I am leaving due to pay being late by a month sometimes several and it only happening to me. She claimed this was bad-mouthing her but that was not my intention. You have said that regardless whether it was a fact it still is gross misconduct fine however I believe she did this avoid paying holiday pay to me as she is now claiming she spent ALL my holiday pay on cover as I gave her no notice WHEN SHE DISMISSED ME....

 

[BettyBaa1994]

I agree, I would definitely contact Citizens Advice Bureau. Irrespective of gross misconduct (which this is not) she owes you your holiday pay.

As an aside, if I've ever left a position and asked why by a noob, I've never given the full frank reason. That said, what you've said is not gross misconduct and I'd be interested to see what is in your contract regarding gross misconduct.

Good luck with your new job and I hope your monies owing are given to you without hassle. X

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Yeah, I think she thinks she can get out of paying holiday pay if it is gross misconduct as she is now claiming she spent ALL my holiday pay on 1 days cover. I am just going through ACAS tbh I started realising she had no leg to stand on when I asked for holiday pay she threatened me with police action if I came to collect my mini-oven.

 

[BettyBaa1994]

How long have you worked there?

Sorry for slow response. I have worked there for nearly a year so not really that long.

 

[JulesLondon]

Thanks sorry have not been online for days, but have contacted acas regarding holiday pay. She has refused to pay me even that and said she is contacting the police if I come near the salon...:irked:



She just does not want to pay holiday pay and return the mini oven. You are right an area to heat food is mandatory that is why she probably took my mini-oven :sad:. Oh well I just need to wait for tribunal.

Have you checked your contract to see what it actually says regarding gross misconduct? Always worth re-reading the basis of your employment at times like this.

It sounds like she was/is following her heart, not her head throughout this situation which isn't a great move. Keep at it was ACAS/Citizen's Advice and do not contact her unless it's through the appropriate channels recommended by your legal advisor, even if she contacts you. Good luck and keep us updated!

 

[RED STAR]

Sorry to make light of your situation...but this 'mini oven'.....and the possibility of the police being called!!!!!.....am I missing something here.....?

 

[BettyBaa1994]

Sorry to make light of your situation...but this 'mini oven'.....and the possibility of the police being called!!!!!.....am I missing something here.....?

No when I asked for holiday pay that is when she called me saying I was not entitled to it and she did not see 'why I was bothering as I would get nothing.'Then she told me she would be getting the police involved so I should leave it as it is or else and she said my parents COULD not come and collect my mini-oven and stuff although they have the car.
I persisted with my holiday pay and went through acas. :right:Allegedly a gift voucher had not been put down and she accused me of taking the money and she was going to get the police involved.


She did this with 2 other girls to avoid paying holiday pay i.e stealing items and not ensuring safe return, claiming holiday pay is non-existant due to not giving notice which we did a month and it being used to pay for cover or accusing us of theft.