New Job - No employment contract

heretolearn_2

I'm gobsmacked by this op.

Really.

Still, he/she'll learn. Leave him/her to it, I say.

T800

SarEl wrote: »

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!

I knew about this - but it is extremely rare that costs are awarded against the claimant.

SarEl wrote: »

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!

Thanks for your knowledge of ACAS - I didnt think much of them either - which is why I spoke to the CAB instead. Their advice is congruent with yours that I should ask employer for the written terms first.

ifonlyitwaseasier

T800 wrote: »

I dont really care about my contract, just the fact that they have apparently broken employment law by not providing me with one.

well in that case i bow out and leave you to your own foolishness

mariefab

As previously stated, a claim for failure to provide a statement of particulars can only be made as an addition to another claim.

http://www.emplaw.co.uk/content/index?startpage=data/10000101.htm

http://www.yourrights.org.uk/yourrights/rights-of-workers/contracts-of-employment/the-contract-of-employment.html

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081959822&type=RESOURCES

T800

mariefab wrote: »

As previously stated, a claim for failure to provide a statement of particulars can only be made as an addition to another claim.

http://www.emplaw.co.uk/content/index?startpage=data/10000101.htm

http://www.yourrights.org.uk/yourrights/rights-of-workers/contracts-of-employment/the-contract-of-employment.html

http://www.businesslink.gov.uk/bdotg/action/detail?itemId=1081959822&type=RESOURCES

:think:Youve given three links.......but none of them show me where it says it must be made in "addition" to another claim.

mariefab

From 1st link
but only if that "guilt" is established in the course of other proceedings before that tribunal

2nd link
The circumstances in which you will be able to get such compensation are when you make another sort of complaint to an Employment Tribunal, for example, a complaint of unfair dismissal, a claim for redundancy pay, a complaint of discrimination, and the Employment Tribunal finds in your favour.

3rd link
If your employee succeeds in another (unrelated) employment claim, eg unfair dismissal, the tribunal can also award them compensation for your failure to give them a written statement or an accurate or complete statement of change to it

T800

Penny has dropped - thanks!

Snakeeyes21

T800 wrote: »

Penny has dropped - thanks!

How did she die

iamana1ias

SarEl wrote: »

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.

Absolutely, without doubt, the post of the decade on this site. :T

T800

iamana1ias wrote: »

Absolutely, without doubt, the post of the decade on this site. :T

id agree, if it werent so pretentious and pontificating in tone.....