Made redundant/no contract/no written notice...

MartinS

Sorry to hear your going through hard times Cherry,

Not sure on the legal side of the contract, but my boss wont give me a contract either, the reason is he's breakng too many laws at work, hence the reason im at home this morning...
For three months iv'e been asking for payslips, but all i get is there on their way.

The bosses of dodgy companies are covering their backs without contracts, or even a statement of hours, etc....

lesley1960

MartinS wrote: »

Sorry to hear your going through hard times Cherry,

Not sure on the legal side of the contract, but my boss wont give me a contract either, the reason is he's breakng too many laws at work, hence the reason im at home this morning...
For three months iv'e been asking for payslips, but all i get is there on their way.

The bosses of dodgy companies are covering their backs without contracts, or even a statement of hours, etc....

Contact your local paye office , the chances are he isnt paying paye and ni .....how are you paid ? , cash , cheque or bacs

lesley1960

MartinS wrote: »

Sorry to hear your going through hard times Cherry,

Not sure on the legal side of the contract, but my boss wont give me a contract either, the reason is he's breakng too many laws at work, hence the reason im at home this morning...
For three months iv'e been asking for payslips, but all i get is there on their way.

The bosses of dodgy companies are covering their backs without contracts, or even a statement of hours, etc....

As an employer I regard a contract as protecting myself as well as my employees . Contracts dont have to be in writing you are protected rights of employment

margaretclare

There's always a contract, even if not a written one. A verbal contract is just as binding.

Contact the CAB.

MartinS

I understand what you are saying Lesley1960, but if the employer is not following employment law, and health and safety law, If we are all protected by rights of employment, what do we have to do to prove that we work there?

What can we do?

Cherry1

Hi there Martin,

I'd say join a union! I'm only familiar with TUC and USDAW but know there are others, depending on your job/industry. Really seems to be worth it as they can offer you advice and support which sounds like you may need it. However, I don't mean to be crass but is it possible for you to get another job? Only cos if anything does go majorly wrong it will be extra hard to get anything back (monies/insurance etc).

Should you need to claim benefits, I would suggest applying in person, not online, simply going from reading other posts where other peeps have had problems and my partner has just told me that Job Centre told him he needs to do it by phone, not online...it's almost as bad as National Rail Enquiries when I phoned them up five times and got five different ticket prices for the same journey!

Best of luck with your employer.

Cherry1

Thank you for taking the time to post Toots. You mentioned a couple of things that I don't believe CAB (or myself) had mentioned. I wasn't sure what PILON was - needless to say he didn't receive any monies for notice (or time) - he's only received his usual months wages and what seems like an arbitrary amount for his holiday.
(He had been there for just under 7 years and is 42 so I guess he should be able to get 1.5 weeks per year.)
Yes, he has been asked to return to the job centre tomorrow to provide proof of id/income etc after having made his claim over the telephone. He said they apologised for the misinformation about claiming online as they hadn't contacted him after two days like the last screen of the application says.

I hope CAB can advise on how he eventually will reclaim on his tax when he gets it. He will be checking his tax has been paid - thanks for the reminder! And yes, they will be reported to the tax as there are some other dubious practices going on re:health and safety too.

Will update as things happen.

Thoughts and advice appreciated.

BlueIsTheColour

Can I just point out that it isnt 1.5 weeks per year for every year but only for the years since he has been 41, so in effect he would get 6 weeks for time when he was 35-41 and then 1.5 weeks for his year when he was 42. He should also get either his statutory or contractual notice pay whichever is greater, so probably 7 weeks pay, plus any accrued holiday pay up to his effective date of termination.

Employees are allowed in law to claim against their employers if not provided with a statutory right, ie written statement of employment particulars and/or itemised pay statements, but first should raise the issue formally with the employers, and if that isnt resolved and they serve detriment for asking, this all goes against the employer in the event of any claim.

With regards to your partner, and his redundancy process or lack of it, if there were under 20 employees made redundant there is no statutory duty to consult, but best practice would say it should happen, however, it often doesnt. There is however a statutory procedure for dismissal, which is what redundancy is, and that is, 1, a letter inviting person to a meeeting, 2, the meeting to discuss the situation, 3, the right of appeal following the decision and this clearly wasnt followed.

I would suggest using your time at the CAB to ask them for an ET1 form for the tribunal and take their advice about all the ins and outs of his situation. However one of the first things he will need to do is rasie a grievance in writing to his employer about all the things he was unhappy with, if this isn't done, the ET wont be heard

HTH

Cherry1

Thanks for your clear info Blue is the Colour.
Firstly, as all info I've found on the web states "....over 41", I thought that might be the case regarding 1.5 wks only after 41. Typical eh, he is 41.

Secondly, CAB said that an ET1 shouldn't be pursued yet. As they've asked him to speak to their solicitor next Weds, I assumed they'd be the people to take this forward as there was no verbal or written notice of the redundancy. I will remind him about asking them about raising the grievance in writing though.

As he has a (v.good) reference from them in writing, what would be the best way of saying to a future employer, well, here's a written ref but they might not want to talk to you cos I'm raising a grievance...?

Cheers all.

lesley1960

MartinS wrote: »

I understand what you are saying Lesley1960, but if the employer is not following employment law, and health and safety law, If we are all protected by rights of employment, what do we have to do to prove that we work there?

What can we do?

How do you get paid?