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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49834
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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Hi I am about to resign from my job I feel I am being targeted

Customer Question

Hi I am about to resign from my job I feel I am being targeted to get rid of. My area has been made much smaller also in the past I was told I went 10 days over my holiday allowance and had to pay back 1000 can I get this back as we never where given records of how many days we had left also another collegue regularly went over holidays and never had to pay. So why did I? We all enquired about paying for personal mileage on company cars but got told we couldn't do it now I find out a college has been paying private miles since last April ? Why did no one tell me or ask me when they knew I wanted it it's unfair and I've had enough
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. How long have you worked there for?

JACUSTOMER-37er87on- : 14 years this June I am running around in a 200,000 mile car when others have been given new cars too
Ben Jones :

And just to clarify what specific queries do you have about your situation?

JACUSTOMER-37er87on- : I want to know if I can claim back my holiday money they took off me and also they advised that from December they were no longer paying broadband and tel line which was purely for work I informed them I was tied into contract til march but I needed up paying out of my own pocket it's not right
JACUSTOMER-37er87on- : Do I have any claims to get funds from them
Ben Jones :

Did you ever enquire about how many holidays you had left before taking them?

JACUSTOMER-37er87on- : I was under the impression I was using the previous years holidays as ours go from July-July
JACUSTOMER-37er87on- : Why was I not informed when I was a day our 2 over ?
JACUSTOMER-37er87on- : How can they make me pay back when another colleague often went over and never paid any funds back
JACUSTOMER-37er87on- : Am I being discriminated against?
Ben Jones :

ok thanks let me get my answer ready please

Ben Jones :

First of all I need to clarify the issue with discrimination because that would only occur if you were being treated less favourably due to a protected characteristic, and these are limited to things such as race, gender, age, religion, etc. So unless you can show that you are being treated differently due to a protected characteristic, there would be no discrimination.

If this is not discrimination then we are looking at general unfair treatment, but that is not necessarily illegal, especially if the employer is following the terms of your contract. It is not unlawful to treat someone preferentially than others as long as it is not linked to discrimination as mentioned above or in breach of the employee’s contract.

In terms of the holidays, you are responsible for keeping track of what you take and how much holiday you have left in the current year. If the system for holidays is complex or confusing then you can check beforehand with the employer whether you have anything left and make your decision based on that but you should not just assume and must check this before booking holidays. If the employer did not directly mislead you in how much you had left then it would be your responsibility so if you had gone over your holiday allowance they are entitled to recover that money as it would be classed as an overpayment.

JACUSTOMER-37er87on- : So I have nothing to claim back or against then
Ben Jones :

Well the holidays issue would depend on the factors I mentioned above - it is not the employer's job to tell you periodically how much you have taken or how much you have left - you must check these details before booking holidays with them and they should tell you when asked.

If you are resigning because you feel you have been generally treated unfairly then your only option to claim is by making a constructive dismissal claim, where you are arguing that you have been left with no other option but to resign. However, there needs to have been a serious breach of contract by the employer to justify that and it can b a difficult claim to make so think carefully before making one

JACUSTOMER-37er87on- : When I was out with my bis she showed me rude video of naked woman it was disgusting but I can't use this as would feel guilty
JACUSTOMER-37er87on- : supposed to say when I was out with my boss 3 weeks ago he showed me
Ben Jones :

the issue is there has to be something so serious (something like the last straw scenario) that makes your continued employment with them impossible, also you are expected to resolve things internally at first, such as through a grievance rather than jump for resignation straight away

JACUSTOMER-37er87on- : ok as I said I do not want to work for them anymore I was hoping I could somehow retrieve some funds but if I cannot then so be it
Ben Jones :

With the holidays you can only really recover these if you were genuinely due these days off and the employer took money for time you could legally take as holiday, or if they had given you false information about your entitlement and you used that to take holidays

Ben Jones :

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks