New Job - No employment contract

Googlewhacker

T800 wrote: »

It is a temporary contract which ends soon. I realise from Direct Gov website that I can take a tribunal action with regards to not receiving a written contract within two months and can still remain employed. In addition, to take any unfair measures against me in retaliation could be an additional claim for victimisation. I am in this for the two weeks compensation.

You cannot take an employer to a ET for this on its own as by confirmed by another poster and because you have not worked a year dismissing you is fairly easy without making it look like victimisation.

Check with ACAS tomorrow to double check.

Googlewhacker

T800 wrote: »

Viz a Viz the moral standpoint. I have high standards and I think that all employers should take the care to comply with employment law.

As long as you are getting what you were told you would and the employers have not treated you bad then trying to take them to an ET over this is IMO dispicable, and as said before it is easy to not make it not look like victimisation in the first year. Also bear in mind that you probably won't get a referance from them either.

T800

Written statement

Within two months of your starting work, your employer must provide you with a statement, in writing, of the particulars of your terms of employment. This is not in itself a contract, but can be used as evidence of contractual terms before an Employment Tribunal. The terms included in the statement must include:

• The name of your employer.
• The date your employment started and whether any previous employment is regarded as continuous with it.
• The rate of pay or the method of calculating it and how often it is paid.
• Hours of work.
• Entitlement to holidays, holiday pay, sick pay, and whether or not a pension scheme exists.
• The length of notice to terminate the employment contract which is required to be given by each side.
• Job title.
• If your employment is not intended to be continuous the period for which it is expected to continue, if it is for a fixed term the date on which it is to end.
• Your place or places of work and whether you are required to work outside the United Kingdom.
• Whether any collective agreements directly affect your terms and conditions of work.

If you are not given a written statement, you can make a claim to an Employment Tribunal and if successful the Employment Tribunal will determine what particulars should have been given to you and what they should have said.

Cant post a link because I am a new member. It is YourRights.org.uk

Kez1983

Googlewhacker wrote: »

As long as you are getting what you were told you would and the employers have not treated you bad then trying to take them to an ET over this is IMO dispicable, and as said before it is easy to not make it not look like victimisation in the first year. Also bear in mind that you probably won't get a referance from them either.

I cant advise on the tribunal situation, but do agree with Googlewhacker it is very easy to simply say you are unsuitable in your first 12 months employment and dismiss you, without relating it to an ET.

SarEl

T800 wrote: »

Thanks for the interesting advice, could you please help me with a link to this as I cant find anything about it.

If I get shown the exit because of this, it would be classed as victimisation, to which I could make another claim.

Viz a Viz the moral standpoint. I have high standards and I think that all employers should take the care to comply with employment law.

Well good luck with that.

It isn't that you have high moral standards - it is that you have none. In it for the money, as you say? This is the kind of thinking that gets employees a bad name. If you cared about employment law YOU would be conforming to it too. You cannot make a tribunal claim until you have attempted to resolve the situation, as someone else here has said, by asking for them. This isn't about rights, and it isn't about moral standards - it's about making a fast buck. Or, as is more, likely, a fast exit.

You can find your own links. I give advice to people who need help, not to people who want to make a fast buck.

T800

Googlewhacker wrote: »

As long as you are getting what you were told you would and the employers have not treated you bad then trying to take them to an ET over this is IMO dispicable, and as said before it is easy to not make it not look like victimisation in the first year. Also bear in mind that you probably won't get a referance from them either.

I understand what your saying - they havent treated me badly.

I thought about the refence aspect, their hands are tied by legislation.

I think if they lost at an employment tribunal that would speak more against them for my new employer than anything they could say about me.

T800

SarEl wrote: »

Well good luck with that.

It isn't that you have high moral standards - it is that you have none. In it for the money, as you say? This is the kind of thinking that gets employees a bad name. If you cared about employment law YOU would be conforming to it too. You cannot make a tribunal claim until you have attempted to resolve the situation, as someone else here has said, by asking for them. This isn't about rights, and it isn't about moral standards - it's about making a fast buck. Or, as is more, likely, a fast exit.

You can find your own links. I give advice to people who need help, not to people who want to make a fast buck.

It is a moneysaving site, no?

I appreciate your attempt to help, but im not sure that your advice, not backed up by any sources is 100% correct. I dont think I need to ask for the written terms and conditions, I will update tomorrow after speaking with ACAS - thanks to Googlewhacker for suggesting them.

Googlewhacker

T800 wrote: »

I understand what your saying - they havent treated me badly.

I thought about the refence aspect, their hands are tied by legislation.

I think if they lost at an employment tribunal that would speak more against them for my new employer than anything they could say about me.

The point is that win or lose they will just refuse to give you a referance which in anyone's mind is a damning verdict of an employees past.

[URL="javascript:toggleArticleContents('articlebody1588')"]Can I sue my employer for breach of contract?[/URL]
You would normally raise such an issue with your line manager in the first instance. He may well be able to sort the matter out quickly, particularly if an obvious mistake has been made. Failing this, you may feel the need to raise a formal grievance. Legal action should be seen as a last resort, in the event of the matter not being resolved to your satisfaction internally. If you suffer a measurable financial loss because your employer has not followed the agreed terms of your contract you can seek damages by making a breach of contract claim. Normally this must be made to a county or other civil court but if the employment has ended, it may be made to an employment tribunal.

The above is from the ACAS site (but still phone them!!!) and it makes it clear that you can only get compensation if you have actually suffered a loss to which you won't have

http://www.acas.org.uk/index.aspx?articleid=1577

Again, you really need to question the worthyness of the claim even if you have one

SarEl

T800 wrote: »

It is a moneysaving site, no?

I appreciate your attempt to help, but im not sure that your advice, not backed up by any sources is 100% correct. I dont think I need to ask for the written terms and conditions, I will update tomorrow after speaking with ACAS - thanks to Googlewhacker for suggesting them.

I would suggest that you become much better informed about what "money saving" is before you start becoming litigatious with employment law. Because you might have missed the provisions in law to award costs against the claimant!

This was not "an attempt to help" - it was a statement of law, from a practitioner who has represented clients in more tribunals and court cases than you have had hot dinners. And if you are intent on alienating your employer, who by your own admission, hasn't actually done anything bad to you, simply to get a pay out, then you may not have many more hot dinners to come. Benefits don't stretch to hot dinners very often.

ACAS operates a call centre. Their "advisors" are call centre staff reading from a script who have never set foot in a tribunal, and have never studied or practiced employment law. You may as well phone a BT operator and ask them how a telephone actually works - they may, if you are lucky, have a basic clue about it, but they will not have much more than that; and if you are very unlucky (as many people have been with ACAS) they will get the wrong advice. The people who negotiate deals for BA are not the ones sitting on the phone!

You appear to think that there is a law against victimisation. There isn't. There are laws against specific forms of discrimination. In any case, you will not be victimised - you will be disciplined and quite possibly dismissed for a "fair reason". Not that it matters because at four months you cannot claim unfair dismissal.

Tribunals "may" award "up to" two weeks wages" (capped at the stautory maximum permitted) - they rarely do. These cases are only admitted as part of a larger claim anyway, so you will have to think up something else to go with it. Of course, by that time, you will be entering the arena of being a litigatious claimant and may have costs awarded against you - although these provisions are rarely used you are exactly the sort of peson they were written for.

You seem to think that an employer can't give a bad reference - think again. They can, they do, and they are rarely ever stupid enough to say something that is patently untruthful (the only circumstances in which you can sue).

There are people on here who are desperate to work. There are others who have, through no fault of their own, been treated appallingly by colleages and employers. And you want to throw away a perfectly good job because you fancy making a fast buck over a few hundred £'s, against someone you admit is an ok employer and an ok job, because you are greedy. That isn't a moral standard - it is suicide by stupidity.

You have had fine advice from many people here, and have shown yourself to be amoral. You have no interest in or need for employment law unless it suits you - you are more than willing to ignore the law when it suits you. You may find that this will catch up with you in a way you definietly don't like, and you will have nobody to blame but yourself.

Googlewhacker

.....and breathe