Sickness-No Contract.

LuckyBiscuit

OH has worked for a charity for 10 months now been promoted (with no extra pay i might add) and has never been given a written contract (dispite asking repeatedly for one).
He has to have an operation at the end of this month and dispite still asking for a written contract has been told well you have a verbal one, He needs to be off work for about a month-6 weeks and has been told he has to get cover for this???
His boss even said couldn't i go in and cover for him???? He's a kitchen manager/chef???
We are worried that he isn't going to get paid as he technically doesn't have a contract and we are already living on the breadline.
What rights do we have? if any?

Thank you XXX

heretolearn_2

It's illegal for them to not give him a contract, but I know it's easier said than done to make them do it if unwilling. I take it he gets payslips etc so if the worst comes to the worst he'll have proof of being their employee.

They can't expect him to arrange cover, that's their responsibility.

Even without a contract he is entitled to statutory sick pay while he is off and you may be able to top this up with benefits (details are on the form the doctor will give him). But if he's having an op he'll probably have to ask for a sick note (or fit note I think they are called now) as hospital doctors never seem to think of this themselves!

Googlewhacker

he does have a contract as he has worked there for 8 months so if they dismiss him then he has the statutory rights that every worker has when employed.

However because he has not worked there a year it is fairly easy for them to dismiss him

Hammyman

If he takes it to tribuneral and it arises he wasn't given a written contract, he is automatically awarded £1500 regardless of the outcome of the tribuneral.

LuckyBiscuit

Funny he has just came home, and "by coincidence" his contract was on his bosses desk, some of the terms he has changed, like period of notice to be given 3 months from 1, completetly unreasonable!!!!

LuckyBiscuit

oh in case i didnt say hubbie absolutly hates it there and want to leave asap!!!

Googlewhacker

TMVen wrote: »

Funny he has just came home, and "by coincidence" his contract was on his bosses desk, some of the terms he has changed, like period of notice to be given 3 months from 1, completetly unreasonable!!!!

I would hardly call that an unreasonable change in the contract.

Googlewhacker

Well, he has the choice of accepting the changes and carry on looking for a new job. Disputing the notice period and asking it to be changed to what it was originally was but then risk being dismissed within the first year.

LuckyBiscuit

He wouldnt mind having the notice period etc, if he was actually paid for the job he does, he originally just went as a chef (he was still under the normal going rate then) but is now responsible for the whole of the hotels catering facilities (and we are still on benefits) and he is supposed to have all this responsibility with no extra pay.
He would love them to sack him i think!!!!
The only thing stopping him going to a different job before was that we know his op was coming!!

Googlewhacker

TMVen wrote: »

He wouldnt mind having the notice period etc, if he was actually paid for the job he does, he originally just went as a chef (he was still under the normal going rate then) but is now responsible for the whole of the hotels catering facilities (and we are still on benefits) and he is supposed to have all this responsibility with no extra pay.
He would love them to sack him i think!!!!
The only thing stopping him going to a different job before was that we know his op was coming!!

A rubbish situation but I hope you get it sorted

Judas

TMVen wrote: »

Funny he has just came home, and "by coincidence" his contract was on his bosses desk, some of the terms he has changed, like period of notice to be given 3 months from 1, completetly unreasonable!!!!

If he didnt have a contract how could they change it?
What I think you mean is he has a contract; he simply didnt have his copy.

As for entitlement. It varies but may well be nothing more than SSP.