No Contract of Employment

Avenger2

Can someone please provide some guidance on what my options are if any. I have been employed with this company since September last year, from my first interview we discussed my salary, how I would be paid (BACS payment) and also a company car or car allowance, I am now 3 months on from that day with no contract of employment of which I have requested on numerous occasions, my salary was dropped by £3000 on the first day I started because they couldn't afford what we had originally agreed, I have no company car and I do not receive a car allowance, I frequently travel around 70 miles a day on company business although I do have a company fuel card I don't receive any wear and tear payment for using my own vehicle.
My salary has only been paid once on time, the other payments have been a mixture of cash and cheques, My bank has now removed an over draught facility from my account due to us not being able to get all my salary in at the same time to pay our mortgage etc
I am looking for alternative employment but due to the current climate it is proving differcult. Also I have spoke to other employees and it would appear that no one has a contract of employment

anamenottaken

Raise a grievance following company procedure - though you probably don't know what that is because you haven't been provided with anything in writing about it! So look for a standard procedure and try that.

If you get nowhere with that route (as it would appear would be the case), proceed to employment tribunal as they have not provided something to which you have a statutory right.

You do have a contract of employment (you are working under their direction and they are paying you). What you do not appear to have are written particulars of the terms of that employment. BTW, the written terms do not have to be in a document which you sign, they just have to be written and provided by the employer.

Avenger2

I have had a look and on the company server there are a number of documents relating to company procedures, these have all been copied from another company as the company name is in the text,
Can I use these as they don;t exactly relate to our company?

anamenottaken

Did you just find them by looking on the computer system where HR could be saving them to use as a basis for their own OR were they actually in an intranet section where you are supposed to find official company policy even if they haven't properly adjusted them by changing the company name?

If the latter, then, yes, use those as company policy in relation to greivance and holidays, etc. But their availability there should have been pointed out to you in writing. The fact that they are there does not override your right to personal written t&c regarding your pay, job title, employment commencement date, and so on.

Avenger2

We haven't got an HR dept, I got my salary on Friday, which was £500 short, the MD said he might be able to pay me on Monday, I just feel like walking away, It is becoming quite stressful now, especially towards the month end as I just don't know if I will get paid!
We have arrears on our mortgage and some other debts, as you know to keep on top we need regular payments which need to be made on time , at the moment it just isn't possible especially if I get paid by cheque on the day I should have had cleared funds in my account,

Sorry I'm going off the subject, I will have a look at what documentation there is tomorrow,

JamieT1977

Not 100% but think this is right.........A verbal contract is legally binding.

That aside this is correct - Your employment contract doesn’t have to be in writing. However, you are entitled to a written statement of your main employment terms within two months of starting work.

Avenger2

Thanks Jamie, If it does need to go to a tribunal I'm not sure if it is worth it, I have no long term plans to stay with this company, although there are approx 25 other employees and I have spoke to approx 5 all of which do not have anything in writing either,

JamieT1977

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905