Can Anyone Help Please?

lexa34

She didn't misunderstand- they mis advertised the job! She should push to be paid for these hours- politely but firmly as they misled her and it was a practical impossibillty to do the job i.e. time off in lieu doesn't pay childcare. Any org seems to try and take the p""s these days!

SallyUK

So do you t'hink she should write to them and ask them if she will be paid for these days?

She didn't sign any paperwork as I said, but she thought they may still have her address from her CV when she sent that in to them, so they should still have her address to send her a cheque if she was going to be paid?


Sally

LittleVoice

Did she provide a P45 or complete a P46? If not, they would have difficulty in paying. The P46 does need a signature.

So she needs to contact them and say she would like to be paid for the time she worked and so do they need a P46 from her in order that they can do that.

SallyUK

Hi Little Voice

She didn't complete a P46 or give them a P45 either.

Thanks

Sally

SallyUK

Hello Everyone

Well my friend decided to email her employer and ask if she would be getting paid for the few days that she worked.

This is the reply that she got:

Unfortunately I am currently not in a position to pay you for 2 reasons:-
firstly you never supplied me with any pay information ie national insurance number; P45/P46; bank account details.
secondly I am a little concerned with the manner in which you resigned ie you did not work your notice which generally constitutes a breach of contract.

I will need to take advice on this most unusual situation before I can authorise any payment. I will contact you as soon as I have clarified the matter.

Now, the thing is she was never asked for her any paperwork, nor was she asked to sign any contract or anything else?? She thought she'd be ok to leave and let someone else have the chance of the job, before signing anything?

Does anyone know what might happen now? How can they she's in breach of contract if she wasn't asked to sign one??

Thanks

Sally

SallyUK

Further to this last post, my friend wrote to her place of work and explained to them that she'd never been given any paperwork to sign etc.

She had an email from them ,yesterday which says, "a contract is made between the employer and employee when the employee accepts the employer's offer of employment (regardless of whether the offer is oral or written"

Can anyone confirm for me please if this is correct?

Thanks again

Sally

mountainofdebt

I think they are correct - an offer was made and it was accepted.

sharkie

"a contract is made between the employer and employee when the employee accepts the employer's offer of employment (regardless of whether the offer is oral or written"

This is true, also if the manager was to get her to work extra hours(strange times, etc.) per day or week, the first time she works the extra hours (or different time or whatever) deems that they have accepted the new ruling as part of her contract and terms of conditions.

Where you friend has gone wrong: (a) you are only required to work the number of hours aer job spec, EXCEPT if she in on-call (carries pager/phone etc.), or management (b) all hours worked over the specified amount is payable - unless you are management whom only get paid extra after 7pm (could be 8pm?). Any time worked between 7pm to 7am constitutes as unsociable hours. (c) Should have joined, or visited the local union and discussed it with them first!!!!

The NHS as an organization tries to be fair and family friendly, however in some places some senior managers tyrannically run their department as their own little empire (think Genghis Khan!). Also it seems to be a little more fairer at the top than at the bottom . I think your friend had got the wrong end of the stick and mis-informed you of their situation. They should have got advice before walking out - they sound strange, or have a communications/interpersonal issues. Normally people talk before they walk!

SallyUK

Thanks for replies.

She simply thought that seeing as the shift patterns weren't fully explained to her properly (even after questioning them, after starting work) that she should leave sooner rather than later and give someone else the chance of the job, which she did.

She did verbally accept the post, however at that time it wasn't explained to her about working any notice or probabation time etc, so she was wrong in that respect.

Thanks for taking the time to reply.

Sally