Advice needed for employment tribunal

flyer

I wonder if someone can give me a bit of advice. A friend started working for a company in March 2007 on a 12 month temporary contract. Just before it was up they took him on permanently but he left them last month. They have deducted money from his salary (without informing him beforehand) saying it is because he has had more than 22 days sickness in a "rolling year". I have looked at his contract of employment and it says he is entitled to one month full pay during the first year and 2 months full pay after one year of employment. They have clearly decided that one month is 22 days, but my question is, does the first 12 months as a temp count towards continuous employment, in which case he would be entitled to 2 months pay?

fengirl_2

UK employment law does not recognise temporary contracts. If someone starts work on a certain date and finishes on another date, that is the period of employment. It does not matter what the employer describes it as, as long as it is continuous.

flyer

fengirl wrote: »

UK employment law does not recognise temporary contracts. If someone starts work on a certain date and finishes on another date, that is the period of employment. It does not matter what the employer describes it as, as long as it is continuous.

So I'm right in saying he was employed between march 07 and January 08, i.e. one and a half years? How could a big company with a Human Resources Department make such a basic error or are they just trying it on?

JoeCrystal

@fengirl Hang on. Supposing a worker was hired between Summer and Winter 2008 on temporary contract for Chirstmas work, and the worker is still retained after that period of employment to present, does it mean the worker have no contract? despite still getting salary (paying PAYE & NI as well) from company?

fengirl_2

As long as you turn up for work. are given work and are paid, this constitutes a contract in UK employment law. I did n ot say he had no contract. A continuous period of employment is just that and after 12 months, employees have more rights. Nothing needs to be in writing.
I'm afraid the original question about sick pay is too confusing - I was just clarifying the posiciotn about continuous employment.

flyer

fengirl wrote: »

I'm afraid the original question about sick pay is too confusing - I was just clarifying the posiciotn about continuous employment.

Hi Fengirl. Which bit was causing the confusion so I can clarify?

fengirl_2

Sorry. but I dont know enough about sick pay rules. I think you need to ring ACAS.

flyer

Anyone else please