Talking today to a Driver today on the phone, he was up in arms because his Gaffer has implemented an additional Night out with no extra money.
Story goes as follows:
Company Pays a salary of £■■■.■■ per week
Driver currently works 6 days a week on rotating weekly shifts, ie mon tues off this week, tues wed next week etc
3 nights out per week
None of the Drivers have been given Contract of Employment
Law states because they work 6 days per week their holiday entitlement is 24 days per year, boss says he cant afford 24 days so they can only have 20 days
As there is no Contract of employment 1 driver on sick was told he would have to use his holidays for pay or only get SSP
Boss now wants them to work on a new contract with existing client but this involves 1 extra night out per week, when asked about extra money, drivers were told that he was doing it for their benefit to secure a future.
Personally I’d tell boss where to go, as next he’ll be asking them to fill the tank up for him as well,
“Hello boss”
“Hello lee, have you heard the new working routines I’ve brought in?”
“No boss”
“You are doing an extra night out for no extra money, its so the company doesn’t go bust and you have a job”
“Oh ok, can I take 24 days holiday next month then”
“You only get 20 days, what you on about 24?”
“Oh boss”
“Yeah”
“Stick your ■■■■■■■ job I’m off home!”
OR EVEN
hi boss i have been working for you for 14 weeks and have had all my pay slips since then, so according to the law that constitutues a contract of employment. thers is no need to get a written contract although it is benificial to have one, just by being paid for more than 13 week does legally contistute a contract, so save those payslips.
but seeing as how the boss is saying these things i would seriously be on the move to another job. scumbags like that are just out to rip us off and put money into there bank account and pay for the floozie as well. in other word your my scum an i dont care if you live or die and your family suffer either way
The 24 days holiday requirement (which applies to all full timers, not just those who work 6 days a week) is a legal right. The fact that the boss can’t afford it is neither here nor there.
As for the change in terms and conditions, off the top of my head I would say it is illegal without the agreement of the workforce.
The holiday entitlement is set in law and the employer cannot change that.
As for the extra night out without extra pay, I suppose that as the drivers are on salary it may depend on what they were told when starting.
Possibly they were told that they would be paid a salary for doing whatever was needed for the job.
If they were told that the job consisted of so many nights out and so many hours they may have a good argument.
Boss is probably right in case of sick pay , if company sick pay is not part of the deal the drivers have.
Using holidays to cover unpaid sick abscence used to be a fairly common occurence.
Lucy:
The 24 days holiday requirement (which applies to all full timers, not just those who work 6 days a week) is a legal right. The fact that the boss can’t afford it is neither here nor there.
As for the change in terms and conditions, off the top of my head I would say it is illegal without the agreement of the workforce.
HTH.
It’s currently 24 days to full timers but thats based on 5 days per week, I have just checked and its actually 28 days per year for someone working 6 days per week, it’s something to do with the way holidays are calculated as your working and extra 4 days per month compared to the average Mon - Fri Contract.
So in fact this employer is not robbing drivers of 4 days he’s actually robbing them of 8 days as the new holiday law came into effect in Oct 2007
I agree with you about the change of contract of employment, dispite the lack of a contract the Employment laws are still enforceable.
It’s my opinion the employer is cutting corners with wage cut backs which is a serious sign that other corners “May” be cut, moreso when he carries out all of his own maintantence on the vehicles, having said that I’m not saying he is, but it’s “Possible”.
Im full time and only get 22 days holiday a year… entitlement goes up by 1 day for every year of service, so that means at the moment im being ripped off for 2 days holiday?
I did her that employers can use bank holidays to make up holiday entitlement though, is that correct? i work mon - fri and the company does not operate on bank holidays.
They aren’t really working 6 days a week every week though. They have 2 weeks in 8 with 6 working days and the other 6 weeks with 5 working days. They do work 6 days between their two days off but most calendar weeks in their rota they only have 5 working days.
Week 1 off Monday & Tuesday so 5 days worked Wednesday - Sunday.
Week 2 off Tuesday & Wednesday so 5 days worked Monday + Thursday - Sunday.
Week 3 off Wednesday & Thursday so 5 days worked Monday - Tuesday + Friday - Sunday.
Week 4 off Thursday & Friday so 5 days worked Monday - Wednesday + Saturday - Sunday.
Week 5 off Friday & Saturday so 5 days worked Monday - Thursday + Sunday.
Week 6 off Saturday & Sunday so 5 days worked Monday - Friday.
Week 7 off Sunday so 6 days worked Monday - Saturday.
Week 8 off Monday so 6 days worked Tuesday - Sunday.
Week 9 rota starts over and off Monday & Tuesday.
I think this would mean they are classed as normally working a 5 day week for the purpose of calculating holiday entitlement. Whichever way you slice it though the boss is a robbing [zb].
masetheace:
I did her that employers can use bank holidays to make up holiday entitlement though, is that correct? i work mon - fri and the company does not operate on bank holidays.
If you get paid for the 8 Bank Holidays then they can be counted. If you do get them paid you are 6 days up on the minimum as you are getting 22 days + 8 Bank Holidays = 30 days while the minimum is 24. You will also still be 2 days up on the deal when the minimum rises to 28 days. If you don’t get paid for the Bank Holidays then you are being screwed.
