Hi all,

Started a new job about 4 weeks ago (22nd Feb to be exact)

My first pay packet should have only been for a weeks work (4 days plus induction), I received 3 days pay. I have chased this up and have been told the induction is not paid. After searching google I found some companies pay it and some don't, is this definate? I'm also still chasing up the missing day without any answers.

I get 28 days Holiday a year. Because I started on 22nd Feb and the companies holiday year starts 1st April I worked out that I am entitled to 3 days holiday for the remainder of the holiday year. 365/28 = 13 so 1 day holiday for each 13 days of the year, I would have been there 38 days by 1st April so for the sake of 1 day, 3 days holiday.
The trouble is the contract states that you cannot take holiday for the 13 weeks of employment, cannot carry over any holiday entitlement to the next holiday year (1st April) and you cannot get money instead of holiday. Which makes no sense as if you start from the 1st of Jan you're entitled to no holiday for that holiday year but I pressume if you started on the 1st April you'd not be allowed holiday for the first 13 weeks but would still get your full 28 days entitlement for the remainder of the year.

I've also chased up my operations manager with 3 emails (no replies) 2/3 phone calls (no answers) and face to face once (no answers). But I don't want to, after a month with the company, cause a scene and go squealing to HR or someone.

Can anybody offer me any answers to any of this or give me some advice regarding it?

Much appreciated,

Chuck

I would speak to HR and ask them directly if you are entitled to any time off up till April 1st.It's not squealing as you are not making a complaint about anyone.

You only accrue holidays for working days and not all days in the year. You worked 28 days which is about 1.2 working months so giving you 3 days is about right (1.2 times 28/12). Your contract will stipulate whether or not you are paid for your induction day.
As regards not being allowed to carry holiday forward or not be compensated for it they have the legal right to do that but it is a little unfair. The Working Time Regulations 1998 do not entitle a worker to carry leave over into the following leave year. Neither may unused leave be replaced with a payment in lieu except where employment is terminated.

The not being allowed to take holiday in the first 13 weeks of employment is harsh as it is denying employees their right to holiday but if it is in your contract then you can't do much about it. Companies have the right to limit when holidays are taken or to impose certain dates on which holidays must be taken.
If I was you I would also check if you get bank holidays on top or if they are part of your 28 day allocation.

thanks guys



Haha funny you should mention that.
In my interview I was told I got 28 days PLUS bank holidays, I obviously queried that as it sounded excessive and they confirmed that yes 36/37 days holiday.
When I got my contract it states I get number of days worked in a week (5) x 5.6 = 28 days, it also says if I work Mon-Fri (which i do) and if I work at a site that does not operate on Bank Holidays (which it doesn't) on bank holidays I will be transferred to another site for that day at the site rate (double time). Which means I get 28 days plus have to work Bank Holidays elsewhere (unless I presume I choose to request them off as holiday).
My site manager has told me that they (including now me) get 28 days which includes bank holidays so 28/29 holiday days, 20 + bank holidays.
The trouble is all 3 things I've heard/read all differ from each other (Interview, contract and manager). I guess contract obviously takes president but again I don't want to be causing a fuss when i'm new but there are bank holidays approaching.

I will have another read of my contract when I get home tonight and see if there's anything in there regarding the induction. I will also find the number for HR and call them tomorrow regarding each matter.

Nothing's ever easy.

In the current economic climate, I would just accept it. Where I work a lot of us are effectively doing the job of 2 people but we are the lucky ones. We're still on the payroll. The employers hold all the aces because jobs are in such short supply. You've already queried so bite your tongue and get on with it. If they go against their word or the terms of the contract, then channel any angst towards trying to get another job. As you say, you don't want to cause a scene after only a month there.

It will go full circle eventually and the job market will free up.

Nothing in the contract re. the induction day, the only thing it states is when employment began which was my first actual day on the job the day after the induction.

I can see bluenoseys point and am very grateful I even have a job, i'm just one for fighting for my rights leaving me in a poistion of what to do. I also don't have HR's direct number so if I phone up the main switchboard/control room for it they may wonder why someones asking for HRs number and pass that on to my operations manager who'll I'll have to say isn't providing me with the info i'm asking for which could cause problems between him and I, something I don't want.

Is there an experienced colleague you can ask?

In theory you do get the extra days, as you get double pay, so you could take the same number of bank holiday days you work, as unpaid leave

sorry missed these replies



that would be the site manager who as I said has said its 28 including BH



not quite as I have to work elsewhere on the BH or so the contract says, however the operations manager said to me the other week that everyone wants to work BH's meaning he doubts i'd even get to work anywhere else for double time meaning i'd have to take it as holiday

but.................... if the contract says I work elsewhere on BH's and that position isn't provided to me by the company then surely I should be given that as an extra day off away from my 28 days (their choice to pay me 1 day off at single time rather than work when i'm not needed for double time)


I have been told verbally by my manager that the 3 remaining holiday days I should get up until April will be booked off as previous weekend days (when I don't work) thus being in my pay packet as money instead of holiday, whether I believe that or not is another thing, i'll wait until I get paid Friday to see if I get it and if I don't I will give it until the following pay day, if still none i'll chase those 3 days up at the end of April

In regards to the whole BH days i'll take them off as holiday but not from my allocation, once i'm in the job properly through the year i'll keep track of 'real' holiday i've taken and when I get to/go over 20 days, if something is said by then that I have no days left (end of the year/beginning of 2012) i'll be past my probabationary period and in a more comfortable position to put across my view via my contract

It doesn't however say that instead of working a BH I can have a days paid holiday instead, ie 1 days pay but holiday instead of work for double time, is this a potential problem?