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Working without a written contract

124

Comments

  • SHIPSHAPE
    SHIPSHAPE Posts: 2,469 Forumite
    liney wrote: »
    "


    I dont have time to faff about with the rest of the quote that you basterdized by writing within the text making it impossible to re-quote.


    No, rather you don't have time to backtrack on your previous ridiculous posts.

    Consider this, I have personal experience of 22 Employment Tribunals, even going back to when they were called Industrial Tribunal.

    Several of which involved Unfair and or Wrongful Dismissal.

    Two of them involved myself against employers.

    I know what I am talking about-I will make you look stupid if you wish to carry on.
  • liney
    liney Posts: 5,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    edited 26 February 2011 at 11:00AM
    SHIPSHAPE wrote: »
    No, rather you don't have time to backtrack on your previous ridiculous posts.

    Consider this, I have personal experience of 22 Employment Tribunals, even going back to when they were called Industrial Tribunal.

    Several of which involved Unfair and or Wrongful Dismissal.

    Two of them involved myself against employers.

    I know what I am talking about-I will make you look stupid if you wish to carry on.


    I posted because the the best of my knowledge the information was correct. If i'm wrong then fine, but you don't have to be aggressive, rude, or condecending when explaining the reasons. It makes you look like a ....
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • liney
    liney Posts: 5,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Flyboy152 wrote: »
    No they are not. The law does not dictate how many days an employee has for annual holiday, paid or unpaid sick leave, or how much the employee gets paid.

    Sorry, what I ment was, Statutory Law covers the minimum requirements for these things, so if the company are referring to Statutory then I would personally expect to receive the minimum required to meet Statutory Law.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    liney wrote: »
    Sorry, what I ment was, Statutory Law covers the minimum requirements for these things, so if the company are referring to Statutory then I would personally expect to receive the minimum required to meet Statutory Law.

    I would expect to be treated like grown-up and not fobbed off when I try to excercise my rights.

    OP, if after two months, the employer refuses to provide you with a written statement of particulars, on request and does dismiss you, you will have a valid claim at the tribunal.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • liney
    liney Posts: 5,121 Forumite
    Part of the Furniture 1,000 Posts Name Dropper Combo Breaker
    Flyboy152 wrote: »
    I would expect to be treated like grown-up and not fobbed off when I try to excercise my rights.

    OP, if after two months, the employer refuses to provide you with a written statement of particulars, on request and does dismiss you, you will have a valid claim at the tribunal.

    Failure to provide terms is an add on in a ET though isn't it, not a case in it's own right? Therefore the reason for dismissal would need to be valid at a ET in it's own right for the lack of contract to be considered, and as mentioned earlier the reasons for a claim within the first 12 months are limited.
    "On behalf of teachers, I'd like to dedicate this award to Michael Gove and I mean dedicate in the Anglo Saxon sense which means insert roughly into the anus of." My hero, Mr Steer.
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    liney wrote: »
    Failure to provide terms is an add on in a ET though isn't it, not a case in it's own right? Therefore the reason for dismissal would need to be valid at a ET in it's own right for the lack of contract to be considered, and as mentioned earlier the reasons for a claim within the first 12 months are limited.

    Having a statement of particulars of employment, within two months of employment, is a right enacted by legislation. If an employee is dismissed, because he is seeking that right, he can take it before the tribunal at any time.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • SHIPSHAPE
    SHIPSHAPE Posts: 2,469 Forumite
    liney wrote: »
    Failure to provide terms is an add on in a ET though isn't it, not a case in it's own right? Therefore the reason for dismissal would need to be valid at a ET in it's own right for the lack of contract to be considered, and as mentioned earlier the reasons for a claim within the first 12 months are limited.

    Flyboy152 is correct.

    http://www.lowpayunit.org.uk/eras/advice/termsandconditions.shtml

    Maybe you would also like to reassess your unfair dismissal muses too?
  • but as far as I was aware you couldn't after you have been dismissed say fairly bring the fact you hadn't had your contract details to a tribunal on its own right and that it has to be brought as part of another claim.
    The Googlewhacker referance is to Dave Gorman and not to my opinion of the search engine!

    If I give you advice it is only a view and always always take professional advice before acting!!!

    4 people on the ignore list....Bliss!
  • Flyboy152
    Flyboy152 Posts: 17,118 Forumite
    but as far as I was aware you couldn't after you have been dismissed say fairly bring the fact you hadn't had your contract details to a tribunal on its own right and that it has to be brought as part of another claim.

    What I was referring to was, if the employee was dismissed becasue he was seeking those rights, he can bring a case at any time.
    The greater danger, for most of us, lies not in setting our aim too high and falling short; but in setting our aim too low and achieving our mark
  • Thank you all for your responses. I will be pursuing the particulars of emeployment as I wish to ensure that they are no misunderstandings further down the line. I don't think there will be as the package is really good but you can't be too careful.

    Thanks for all your help and assistance in this matter :-)
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