Pay Services also informed me that they have always done this and for every employee! I was a member of the British Airlines Pilots Association (BALPA) who have been very slow in helping me deal with my ex-employer. Would you advise using ACAS or BALPA?I was not notified in writing or verbally by the employer that I had, or was about to take more than my Leave Entitlement which caused the recovery. Is this illegal too?
Thanks Jenny,Are there any references for me to quote when I write to the employer?
Thanks,Should I tell them I have been in touch with ACAS?
Hi Jenny,I have just received a breakdown from my previous employer as follows:As discussed annual leave is paid or deducted on the contractual salary at a full time rateBasic pay is based on full time amount your part time basic pay rate = £74476.08 Full time equivalent £103439.00Flying pay is based on full time amount your part time flying pay rate = £5559.48 full time equivalent £7721.52103439 + 7721.52 divide by 365 = £304.549Pretty categoric that they have used the "Full time equivalent" to calculate the rate. Are they allowed to include Supplemental Pay as well - in this case "flying pay" or should that also be pro-rated?
The ACAS website says I should exhaust the Company's "Grievance" procedure first or this could reflect badly should the case go to tribunal. I have been asking their administration department what their "Grievance" procedure is, without reply. Therefore, I have written a letter entitled "Formal Grievance",included your advice for discrimination and unlawful deduction and given them 7 days to reply. If they do not reply to the letter, then I will utilise ACAS's service, does that make sense?
Good Morning Jenny,
I have just received the following back from a Rep at BALPA:"If, by 'discriminatory', the lawyer you have consulted means that this would be contrary to the Part Time Workers (Prevention of Less Favourable Treatment) Regulations 2000, I'm afraid I do not share their view. The daily rate of pay for full-time and part-time pilots is the same: it is the number of days they are called upon to work which varies."I still intend to go to ACAS but, taking the above into account, do you think I can argue discrimination?
I haven't seen the "Terms" either but that's another issue! I have asked the Rep to provide me with a reference for where the Company state their policy. There was nothing in my "Part-time Contract" about it.
Thanks for your help.
OK thanks.They have already said that, as I am no longer with the Company, I would have to go through the National Council instead of the Company Council and, to be honest, they are as much use as a chocolate fire guard! I'm just completing the ACAS Form, I'll see where it leads.
I have had a formal reply from the Company who have sent me a copy of my original contract which states:"The Company is entitled to deduct from your salary or other monies payable and reimbursable to you by the Company all and any sums which you may owe to the Company or any of its Associated Companies at any time."I signed the contract back in March 1998.In the Employment Rights Act 1996, Part II Para. 13, it says I should have been notified of any such deduction, is that correct?