Hi all i was wondering if anyone can help with this.
I work for a company doing tramping mon to fri.
My digital card is malfuncting so ive sent it away to the dvla which they havent received yet. Ive used my 15 calander days and i finished tonight. And got told that they couldnt pay me coz the accountant wont allow it. So im losing a weeks pay and im unsure if this can be allowed although ive been told i havent acrewed them but in terms i would make sure i pay them back but now im in a pickle and got a small mouth to feed aswell as mine n the wife any input would be grateful.
I’d say they don’t have a leg to stand on and you should take professional advice as a matter of urgency
You should have reported this to DVLA and they will give you a reference number to confirm you’ve reported it. You are permitted to continue to drive but you shouldn’t have left this until the weekend. You guv’nor can speak to DVLA to confirm everything.
I never left it till this wkend. I contacted dvla straight away and they told me it was a max of 15 calander days then im off the road.
Regarding the holidays thing iv been with them since nov 10 2013 and if ive not entitled to holiday surely i can use holidays and pay them back once im entitled to them.
Iv never encountered this in my whole working history.
If they are attempting to not pay you for work already done, then this is theft. If they refuse to employ you next week because you don’t have a digicard, then they are within their rights.
It’ll effectively be unpaid leave, or found something to do around the office on flat pay.
An accountant should know better than to let someone work the hours, and then try and say “it’s against the law to pay you for hours already done”. Theft because they are attempting to steal your wages, fraud because they are mis-representing the law to achieve that end. Simples.
Now an accountant can be charged with theft and false accounting which typically carries a sentance of around 7 years… Put it to the offending bean counter that you’ll be seeking legal advice “out of town” on the subject of unlawful confiscation of pre-earned wages.
Winseer:
If they are attempting to not pay you for work already done, then this is theft. If they refuse to employ you next week because you don’t have a digicard, then they are within their rights.
It’ll effectively be unpaid leave, or found something to do around the office on flat pay.An accountant should know better than to let someone work the hours, and then try and say “it’s against the law to pay you for hours already done”. Theft because they are attempting to steal your wages, fraud because they are mis-representing the law to achieve that end. Simples.
Now an accountant can be charged with theft and false accounting which typically carries a sentance of around 7 years… Put it to the offending bean counter that you’ll be seeking legal advice “out of town” on the subject of unlawful confiscation of pre-earned wages.
I called the boss n told him on monday that i didnt think i would get the digi card back till next week and i ask for a emergency 5 day holiday. Which he didnt say no too.
Then tonight when i got back tonight he dropped the bomb shell about next week i have to have a un paid holiday.
Maybe i havent gain enough holidays but any decent employer would be understanding and allow me to take a 5 day holiday and repay them back once entitled to them
You don’t mention if all your trucks are digi? If there’s an old disk tacho on any trucks you can drive them. When I lost mine a few years ago the firm gave me the fleet nail after the 15 days to keep me working, dvla said I could not carry on driving without under any circumstance 
Davy85:
Hi all i was wondering if anyone can help with this.
I work for a company doing tramping mon to fri.
My digital card is malfuncting so ive sent it away to the dvla which they havent received yet. Ive used my 15 calander days and i finished tonight. And got told that they couldnt pay me coz the accountant wont allow it. So im losing a weeks pay and im unsure if this can be allowed although ive been told i havent acrewed them but in terms i would make sure i pay them back but now im in a pickle and got a small mouth to feed aswell as mine n the wife any input would be grateful.
It is in fact UK law that from your first day of employment you are entitled to your full holiday allowance but if you leave within the first year you have to repay all or part of it. You have every right to take the matter further.
In my last British company I started working for them one Monday and my truck and show trailer was not ready and hadn’t arrived, I asked the boss what I should do ? He said “You can stick around the yard and help a few others but there’s not much at start of season or you can have a week of your holiday pay”
I had only been with the company one hour and asked how the hell I could take holiday pay, he told me it was the law, I could take the full years allowance if I wanted and he couldn’t stop me.
Davy85:
Winseer:
If they are attempting to not pay you for work already done, then this is theft. If they refuse to employ you next week because you don’t have a digicard, then they are within their rights.
It’ll effectively be unpaid leave, or found something to do around the office on flat pay.An accountant should know better than to let someone work the hours, and then try and say “it’s against the law to pay you for hours already done”. Theft because they are attempting to steal your wages, fraud because they are mis-representing the law to achieve that end. Simples.
Now an accountant can be charged with theft and false accounting which typically carries a sentance of around 7 years… Put it to the offending bean counter that you’ll be seeking legal advice “out of town” on the subject of unlawful confiscation of pre-earned wages.
I called the boss n told him on monday that i didnt think i would get the digi card back till next week and i ask for a emergency 5 day holiday. Which he didnt say no too.
Then tonight when i got back tonight he dropped the bomb shell about next week i have to have a un paid holiday.
Maybe i havent gain enough holidays but any decent employer would be understanding and allow me to take a 5 day holiday and repay them back once entitled to them
Davy, I’ll give you my opinion on this as a union official. It is highly illegal to withhold any monies you have worked for. Winseer is correct when he says the accountant is breaking the law by withholding your wages and is something he could be struck off for, as well as facing the possibility of a jail sentence.
Regarding the holidays, the industry standard is 5.6 weeks per year, and that is the basic minimum. This is usually worked out as 20 days plus 8 bank holidays which is, obviously, 28 days per year. Holiday accruement is usually calculated as 1/12 (one twelfth) per month of your annual entitlement multiplied by your length of service. Put simply this would work out as 28 divided by 12 to give you your monthly accruement which is 2.33 days. Multiply this by 3 (the amount of months you’ve been there) and that will give you the days you’re entitled to at present which, in your case, would be 6.99 days. I don’t understand then why your boss is making you take unpaid leave. The only thing I can think of is that, as a rule of thumb, the notice period you should give for leave should be twice the amount of days leave you want, i.e. if you want 5 days leave you should give 10 days notice. I’d be very surprised if your boss is sticking to this though, especially under the circumstances regarding your digi card. Hope this helps mate
Don`t suppose you sent your card off by registered post,where a signature is required to verify receipt
Davy85:
I contacted dvla straight away and they told me it was a max of 15 calander days then im off the road.
Strange! I had this happen to me recently but when I spoke to DVLA they said I was OK to drive until I received my new card. Maybe because they haven’t received your old one yet? I think I’d speak to them again and if they still haven’t received your card I think I’d ask them to treat it as lost and apply for a replacement. Might be quicker. And I agree with Winseer, you have accrued some hols!
OllieNotts:
You don’t mention if all your trucks are digi? If there’s an old disk tacho on any trucks you can drive them. When I lost mine a few years ago the firm gave me the fleet nail after the 15 days to keep me working, dvla said I could not carry on driving without under any circumstance
I stand to be corrected but if you have been issued with a digi card you must carry it at all times when driving and even if you are using an analogue head. So after the 15 calender days are up you can’t drive until you receive a new digi card.
Of course if you have NEVER had a digi card drive on with an anologue vehicle?
I may of course need to ring a taxi! 
As far as your driver card is concerned you should phone DVLA on 0300 790 6109 between 8am and 7pm Monday to Friday, and between 8am and 2pm on Saturdays and ask explain that your card has not arrived, hopefully they will give you a reference number and allow you to continue driving until your new card arives.
Alternatively phone VOSA on 0300 123 9000 and seek advice about continuing to drive until your new card arrives.
Personally I would phone the DVLA and if they said I could continue driving and gave a reference number I would then phone VOSA and inform them of the situation.
Pat Hasler:
It is in fact UK law that from your first day of employment you are entitled to your full holiday allowance
Is wrong.
You ACCRUE holiday allowance from your first day of employment but you are not entitled to be paid any more than you’ve accrued. Some companies do allow you to take it on the understanding you pay it back if you leave before accruing enough to cover what you’ve taken but they’re not legally obliged to.
Conor:
Pat Hasler:
It is in fact UK law that from your first day of employment you are entitled to your full holiday allowanceIs wrong.
You ACCRUE holiday allowance from your first day of employment but you are not entitled to be paid any more than you’ve accrued. Some companies do allow you to take it on the understanding you pay it back if you leave before accruing enough to cover what you’ve taken but they’re not legally obliged to.
Then why would my employer who could stand to loose quite a lot tell me it is the law ?
He would obviously try to avoid doing so wouldn’t he ? He was being honest with me.
You tell lies though Pat - or not very good at remembering the ACTUAL stories . and putting ‘fact’ somewhere in the ppost doesn’t make it more believable.
Maybe been mixing with the loud mouthed New Yorkers for too long 
Pat Hasler:
Conor:
Pat Hasler:
It is in fact UK law that from your first day of employment you are entitled to your full holiday allowanceIs wrong.
You ACCRUE holiday allowance from your first day of employment but you are not entitled to be paid any more than you’ve accrued. Some companies do allow you to take it on the understanding you pay it back if you leave before accruing enough to cover what you’ve taken but they’re not legally obliged to.
Then why would my employer who could stand to loose quite a lot tell me it is the law ?
He would obviously try to avoid doing so wouldn’t he ? He was being honest with me.
Conor is spot on, you’re entitled to a portion of the statutory paid holiday that’s proportionate to your length of service.
Well iv been with the company for around 3 months
I had two weeks paid hold at xmas as the place shut down for 2 weeks and my first day back my digital card was knackered.
Any companies iv worked for before treated me alrite in regards to have access to holidays.
They actknowledge the malfunction isnt my fault.
Really under those circumstances they seemed to be alrite with it when i called them to say can i put in place 5day holiday as a emergency holiday as i cant lose money.
They never said no so why wait till the friday then be smug about it? I think thats rather ■■■■■■ to do a employee with a young family
how come you seem to know your digi-card wouldn’t turn up?