Guest Posted December 17, 2013 Share Posted December 17, 2013 (edited) I tend to clog General Chat up with this, but might need more and more advice. As mentioned before I have had three jobs since the middle of last year, one of these has now ended and another is not regular. Job "3" as I will call it is becoming a nightmare. I posted before about how I booked a one week holiday and during this I suffered numerous phone calls, voice-mails and texts, which all came to a head on my partners birthday, when we got back to the hotel to find "boss" had spammed me silly, something had gone wrong at "3" and they couldn't fix it. (The problem was that they sent an email and it didn't arrive at it's destination, a press release, one I had made ready to go!) To cut a long story short - there has also been abuse about me being a little bit on the large side (I'm broad, rugby-esque) and he goes on and on about me being fat. ^ Generally, that is a few bits. I am so tired right now, so not really putting much here, this is usually the sort of person I can deal with but my asthma has been awful and I went down with a very bad chest problem a few weeks back... I got wet on the way to work and was soaking - so, I got into work, put the heater on, closed the door, took coat off but was soaked through. "Boss" came in, turned heater off, opened the door and told me it was a heatwave. I have been ill since about a week after this - my asthma and chest has been terrible. I've had one holiday in nearly two years and I feel it. Anyway, he is becoming worse and worse, I realised recently that although I have been at this job for one year, he has not yet given me a written statement about my job, which if I remember had to be given to me within two months? Now he is playing on this and has told me he will no longer pay me holiday pay as I have no written contract and he is within his rights not to pay me holiday. I had told him I want two weeks off in January. I need a rest! I'm correct to say that after two months, it becomes an implied contract and I have exactly the same rights, he cannot stop paying me holiday and he is already breaking the law by not providing the written statement about my job? Jeez... there is so much more, I am just so tired and need to rest, I need a holiday! Can you guys back me up? Also... - He gets very bitchy about me wanting to spend time with my partner - He got angry today because - in my own time - I arranged to help my own mother with Christmas bits, my dad is registered disabled. - I now record phone calls with him (just this week) as he says one thing to me, then changes it. - I now track myself via Google, so I can prove when I got to work as he tells me he was there at X time, so I wasn't - even though I damn well was. Edited December 17, 2013 by dodgyknees Link to comment Share on other sites More sharing options...
bickster Posted December 17, 2013 Moderator Share Posted December 17, 2013 Raise a grievance, you have to do that to take it any further. I trust you've ben paid for the holidays you haven't taken? Link to comment Share on other sites More sharing options...
coda Posted December 17, 2013 Share Posted December 17, 2013 Go to the Citizens Advice Bureau for advice on your employment status and how to proceed. You shouldn't have to work under them circumstances particularly if it's making you ill. 1 Link to comment Share on other sites More sharing options...
Guest Posted December 17, 2013 Share Posted December 17, 2013 Raise a grievance, you have to do that to take it any further. I trust you've ben paid for the holidays you haven't taken? Not a chance mate, I have tried bringing this up but he generally shouts me down and actually threatens to close the business down! Go to the Citizens Advice Bureau for advice on your employment status and how to proceed. You shouldn't have to work under them circumstances particularly if it's making you ill. Yeah I have given them a ring to find out the best time to go in, might just have to do it tomorrow. Link to comment Share on other sites More sharing options...
Meath_Villan Posted December 17, 2013 Share Posted December 17, 2013 Your gonna end up like this guy http://www.youtube.com/watch?v=-eREiQhBDIk 3 Link to comment Share on other sites More sharing options...
bickster Posted December 17, 2013 Moderator Share Posted December 17, 2013 Raise a grievance, you have to do that to take it any further. I trust you've ben paid for the holidays you haven't taken? Not a chance mate, I have tried bringing this up but he generally shouts me down and actually threatens to close the business down!Damn sure he won't do that because of you Link to comment Share on other sites More sharing options...
Guest Posted December 17, 2013 Share Posted December 17, 2013 Raise a grievance, you have to do that to take it any further. I trust you've ben paid for the holidays you haven't taken? Not a chance mate, I have tried bringing this up but he generally shouts me down and actually threatens to close the business down! Damn sure he won't do that because of you Trust me, I am the only employee and he can actually gain from shutting it down and re-opening and has spoken of it. (It's a charity btw, I deal with their press stuff). Link to comment Share on other sites More sharing options...
Avfc96 Posted December 17, 2013 Share Posted December 17, 2013 First of all your boss sounds like a complete and utter word removed. Second of all I would say that the citizens advice bureau is your best bet like Coda says as it is his responsibility to give you a written statement about your job etc and he can not then stop paying you holiday because he still hasn't gave you a written statement. Thirdly, I hope this helps you out: - Show this to that clearing in the woods of a boss and get him to print out the template from this web page- https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars - If he doesn't fill that out then here are the steps you can take- https://www.gov.uk/employment-contracts-and-conditions/problems-with-a-written-statement Hope this helps. Link to comment Share on other sites More sharing options...
maqroll Posted December 17, 2013 Share Posted December 17, 2013 Get the hell out of that job 1 Link to comment Share on other sites More sharing options...
Ingram85 Posted December 17, 2013 Share Posted December 17, 2013 No advice but good luck dodgy, hope you get it sorted. Its not worth making yourself ill over. All the best chap 1 Link to comment Share on other sites More sharing options...
PompeyVillan Posted December 17, 2013 Share Posted December 17, 2013 You are being bullied by your boss, by the sound of it. Is he the owner of a business that you work for? Sounds like it'll be a slog to get fair treatment, but it is possible. Link to comment Share on other sites More sharing options...
Guest Posted December 17, 2013 Share Posted December 17, 2013 Cheers guys, as much as I would love to move to another job, it is mainly care work or retail here - two things I don't really want to do - but of course, if push comes to shove I might have to. My partner and I are currently looking at moving t'mainland, which is scary for her - being a caulkhead n'all! I thought I was in the right, I am just so tired of trying to get what I deserve from him, he was going to let me have Christmas eve off, until he heard me talking to the missus on the phone about what we can do, the next day he had arranged a meeting for us. A tosser. Link to comment Share on other sites More sharing options...
chrisp65 Posted December 17, 2013 Share Posted December 17, 2013 No advice as such, other than what you already know, it's a lot tougher in a small company with no string of line managers and HR procedures. Very best of luck with it, work is a big slice of life so encountering a fucktard that sucks the joy out of it is a major drain. Stick with it and take some comfort in petty victories until you can move on. Definitely talk with CAB and make sure you do everything the right way. Link to comment Share on other sites More sharing options...
samjp26 Posted December 17, 2013 Share Posted December 17, 2013 (edited) Would have decked him clean out if I were you, well done for not doing so... yet. Seriously, no amount of money is worth being treated like crap, tell him to do one and to shut his business down if he wishes. Tosser. Edited December 17, 2013 by samjp26 Link to comment Share on other sites More sharing options...
tonyh29 Posted December 17, 2013 Share Posted December 17, 2013 (edited) Now he is playing on this and has told me he will no longer pay me holiday pay as I have no written contract and he is within his rights not to pay me holiday. if you are self employed is about the only instance I can think of where you wouldn't legally get holiday pay off him as you are talking holiday pay rather than holiday leave I assume you are not paid as a full time employee but on a more flexible working arrangement ?? ... in that case he is legally bound to pay you holiday pay at 12.07 % whether he likes it or not .. he can't say it was already included in your rate ( called rolled up holiday pay) Tribunal his arse ... he gives small business people like myslef a bad name ... we spend thousands a year on holiday pay , pensions , legal advice to make sure we treat all our workers as per the law .. and some shyster like him should be taken to task ACAS website is very good for getting free advice / information Edited December 17, 2013 by tonyh29 Link to comment Share on other sites More sharing options...
NoelVilla Posted December 17, 2013 Share Posted December 17, 2013 No advice but I really hope it works out fine for you. Link to comment Share on other sites More sharing options...
bickster Posted December 17, 2013 Moderator Share Posted December 17, 2013 Raise a grievance, you have to do that to take it any further. I trust you've ben paid for the holidays you haven't taken? Not a chance mate, I have tried bringing this up but he generally shouts me down and actually threatens to close the business down!Damn sure he won't do that because of youAs it is a charity, it'll be even harder for him to do that than with a normal business. He would have to go through the whole rigmarole of setting up a new charity Trust me, I am the only employee and he can actually gain from shutting it down and re-opening and has spoken of it. (It's a charity btw, I deal with their press stuff). Link to comment Share on other sites More sharing options...
Guest Posted December 17, 2013 Share Posted December 17, 2013 Fair point there Bicks! I'm in tomorrow for three hours, dreading it! Tonight I'll be concentrating on writing my children's book and maybe finish research for my other one too, these and my partner are the only things keeping me sane! Again, thanks all for the advice, I'll start this off tomorrow, CAB, etc. Link to comment Share on other sites More sharing options...
turnbull Posted December 17, 2013 Share Posted December 17, 2013 Fair point there Bicks! I'm in tomorrow for three hours, dreading it! Tonight I'll be concentrating on writing my children's book and maybe finish research for my other one too, these and my partner are the only things keeping me sane! Again, thanks all for the advice, I'll start this off tomorrow, CAB, etc. Villa not helping then, DK? Seriously, good luck with this. Link to comment Share on other sites More sharing options...
Guest Posted December 17, 2013 Share Posted December 17, 2013 Fair point there Bicks! I'm in tomorrow for three hours, dreading it! Tonight I'll be concentrating on writing my children's book and maybe finish research for my other one too, these and my partner are the only things keeping me sane! Again, thanks all for the advice, I'll start this off tomorrow, CAB, etc. Villa not helping then, DK? Seriously, good luck with this. Villa? I've got the noose somewhere!!! Link to comment Share on other sites More sharing options...
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