ok,ok i know you warned me......

snoozer

Hi,

This happened to my daughter last year - no written contract and she and a couple of others were told that they were being made redundant because the publication they were working on was no longer being published, she had been working there for just over a year.

We then got legal advice - you don't need a written contract (although it's better if you do) and you need a reasonable amount of notice. If the company itself has not gone out of business not to follow the proper steps automatically constitutes an unfair dismissal and your OH will be awarded compensation by a tribunal, in addition they can up the money he gets if they decide his employer has behaved unreasonably.

We just presented all the facts to DD's employer and she got an out of court settlement (much better for her work record) of much more than she would have been entitled to had her company followed the proper steps.

BTW the company she worked for was very small, just two owners and a handful of staff.

Raggie

Second Chance..

did not mean to make it worse for you.. sorry..

I was only thinking of ways to make the bosses life hell if they screw around with you much more.. I am told I'm very vindictive.. . I think thats a complement..

does the company trade as "Something Ltd"?

BestFootForward_2

Hi second chance

Get qualified advice immediately. That means right now. Start making phone calls to CAB and ACAS.

Your DHs boss is a slippery character, and you should be aware of all your rights. I'm pretty sure that the boss knows his legal obligations, and he is relying on the fact that you don't.

This situation should work out to your advantage in the end, but it'll be easier for you both if you know your rights from the beginning.

Good Luck and keep us up to date.

kessik

SC
Your OH has the offer of another job for Monday, albeit temporary. I think he should take it - would he really want to work for this guy again, and what's more, could he ever trust him again? The forms you describe are application for a CIS card. This means that your OH would be a sub-contractor, not an employee and therefore able to be laid off at any time; not entitled to holiday or sick pay; responsible for paying his own stamp and he would have tax taken at source at 18%. We have men who work for us on this basis - it's very common in the construction trade. But I am a nice kind employer, naturally.
There is some good advice from other posters here re. ACAS etc. and I would say go for the new job and get your redundancy money!

HTH

kessik

second_chance

Raggie wrote:

Second Chance..

did not mean to make it worse for you.. sorry..

I was only thinking of ways to make the bosses life hell if they screw around with you much more.. I am told I'm very vindictive.. . I think thats a complement..

does the company trade as "Something Ltd"?

hey why sorry??? i think it is a complement haha-no it doesnt trade under ltd-waiting dh home in a min to discuss...

kathfisch

Oh second chance, I feel for you, it just gets more complicated doesn't it?!

Did you manage to get some advice from the citizen's advice bureau or acas? Really you need to know whether turning down the casual job with the old employer will affect the redundancy issue. If not then I'd say go with the new person and hopefully the council at a later date.

You really need qualified advice though before your hubby agrees to anything.

Good luck!

John7619

http://www.compactlaw.co.uk/monster/empf9.html

http://www.bbc.co.uk/crime/law/unfairdismissal.shtml

Little_Miss_Winner

Quote taken from ACAS.

All employees have a contract of employment. A contract exists as soon as an employee accepts an employer's terms and conditions of employment.

Does the contract need to be in writing?

Except for apprenticeships, employees' contracts need not be in writing.

Ending a contract of employment

A contract of employment may be ended by mutual agreement or by the employer or employee giving the required notice of termination. If the employer fails to give the required notice the employee can make a claim to the courts for damages for wrongful dismissal. Alternatively, if the employment has been terminated, a claim can be made to an employment tribunal.

HUSBAND CANNOT LOSE:T :T :T

second_chance

morning all thought i would give you another update on my saga!!!!!!
fri am - as i said boss said see ya hubs said he knows his rights boss went to see accountant
fripm-no no weve got it all wrong he wasnt being sacked!!(we must have dreamt it!)-boss must give a months notice so job safe for now but he can also give a paycut at a months notice
basically i think he found out what he was doing was illegal so hes just making it impossible for him to stay....he also said he would go bankrupt to ensure dh gets no pay..
sooo he either stays put takes pay cut but maybe out of work in a few weeks or he leaves takes new job on tue and cuts his losses..we have been looking into grants to set him up on his own and he has cab appointment mon but they didnt seem very positive...
i dont want dh to work for him again i dont trust or like him

seven-day-weekend

I think your husband would be mad to continue working for this crook when he has a definite job AND one in the pipeline.