Days In Lieu Clarification

Yes, you would need to request the day in lieu first. The mutual agreement means both you and your employer need to agree on the specific day. Once agreed, your employer should ideally update the app to reflect this.
Have you already requested the day in lieu from your employer?

The "mutually agreed" clause typically means that you and your employer need to decide together when you will take the day in lieu. This clause does not necessarily affect carryover unless specified in your contract or company policy.
Have you checked if your contract or company policy mentions anything about carryover of days in lieu?

It seems like the "mutually agreed" clause is primarily about agreeing on the specific day for the day in lieu. Since there is no policy about carryover, it would be best to discuss this directly with your employer to clarify how such situations should be handled. Have you tried having a conversation with your HR department or line manager about this?

You can use the "mutually agreed" provision in court to argue that your employer is contractually obligated to discuss and agree upon a day in lieu with you. Here’s a concise plan:
- Clearly outline your contract clause about "mutually agreed" days in lieu.
- Provide evidence of attempts to request and agree on this day (emails, messages).
- Highlight any instances of refusal or lack of cooperation from your employer.
Have you documented all your communications with your employer regarding this matter?

It sounds like you may have a valid point to argue based on your contract. Here's a brief summary of your situation:
- Your contract states that a day in lieu for working a bank holiday should be mutually agreed upon.
- You manage your annual leave through an app, and ideally, the day in lieu should be reflected there once agreed.
- There is no policy about carryover of additional holiday entitlement, and your contract does not specify anything regarding carryover.
- You have evidence of attempts to request and agree on these days.
It seems your employer is willing to make changes for the current year but is placing the responsibility on you for previous years. To proceed, you might consider:
- Gathering Evidence: Document all communications with your employer regarding the days in lieu (emails, messages).
- Formal Request: Formally request the days in lieu for the previous years in writing.
- Legal Advice: Consult with a legal expert to discuss your evidence and get specific advice on your case.
Would you like more information on how to formally request these days or any specific legal references?

To address your questions:
- Proving the Clause for Carryover:
- Highlight the "mutually agreed" clause in your contract.
- Demonstrate your attempts to agree on the days with your employer.
- Use documented communications to show that the agreement was not reached due to employer's actions.
- Other Ways to Carry Over WTR13A:
- Refer to the Working Time Regulations *, which allows carryover of statutory leave in specific circumstances.
- Discuss with your employer, proposing to carry over unused days as per mutual agreement.
- Claiming Bad Faith:
- If your employer's refusal to agree on days in lieu appears arbitrary or unreasonable, you may argue bad faith.
- Provide evidence of your good faith attempts to agree on the days and highlight employer's lack of cooperation.
Have you consulted with a legal expert to review your documented evidence?

If you can demonstrate that your employer fabricated the annual leave summaries to falsely show that you were given days in lieu, you might have a strong case for both carryover and potential legal action against the employer for misconduct.
- Evidence of Fabrication: Collect any original and altered documents, communications, or records.
- Legal Action: Consult a legal expert for advice on presenting this evidence and arguing for your right to carry over the days in lieu.
Have you already gathered evidence to prove the fabrication?

If your employer doesn't have a policy for carryover, it doesn't necessarily mean they intended not to restrict it. To strengthen your case:
- Contract and Communication: Highlight the "mutually agreed" clause.
- Evidence: Show attempts to agree on the days.
- Legal Advice: Consult a legal expert on the implications.
Have you considered initiating a formal grievance procedure within your company?

A formal grievance procedure typically involves the following steps:
- Step *: Informal Resolution: Attempt to resolve the issue informally with your line manager or HR.
- Step *: Written Grievance: Submit a formal written grievance letter outlining your issue.
- Step *: Grievance Meeting: Attend a grievance meeting to discuss your complaint.
- Step *: Decision: Receive a written decision on your grievance.
- Step *: Appeal: If unsatisfied, you can appeal the decision.
Have you tried resolving this issue informally with your HR or manager?

A grievance meeting is typically formal but can vary in formality depending on the company's procedures. It usually involves a structured discussion where you present your complaint and any supporting evidence.
Have you prepared all necessary documentation for your grievance meeting?

A meeting with three managers to discuss a grievance is generally considered formal. It's advisable to prepare your documentation and evidence to present your case clearly.
Do you need any tips on how to prepare for this meeting?

Yes, during the grievance meeting, you will present your problem along with any evidence you have. After that, the managers will discuss the issue, ask questions, and seek clarification. Finally, they will provide you with a written decision on your grievance.
Do you need help with preparing your documentation or any specific questions to ask during the meeting?

If you don't receive an answer after your grievance meeting, follow these steps:
- Follow Up: Send a polite reminder email to your HR department or the managers present at the meeting.
- Timeline: Check your company's grievance procedure for any timelines on responses.
- Escalate: If no response, consider escalating to a higher authority within the company or seek legal advice.
Would you like more information on your next steps if you still don't get a response?

Hi! Generally, the time required for an investigation can vary depending on the complexity of the issue and the company's procedures. However, more than one month might be considered unreasonable if the matter is not particularly complex.
Have you followed up with your HR or manager for an update on the investigation?

If someone felt threatened by another person, it's important to address it promptly. Here are some steps to consider:
- Document the Incident: Write down details of what happened, including any witnesses.
- Report to Employer: Inform your HR department or manager about the incident.
- Formal Complaint: Consider filing a formal grievance if the issue is not resolved.
Have you reported this incident to your employer already?

Taking more than a month for an investigation into a one-time incident where someone felt threatened can be considered unreasonable, especially if the situation is clear-cut. It would be advisable to follow up with your HR department for an update on the investigation.
Have you followed up with your HR department about the delay?