Urgent advice needed please

kerrypn

Hello, hope someone can advise me, advice needed before tomorrow am.
I work as a care assistant, minimum wage. I have worked at this particular place for 4 months. No contract. The working conditions are quite bad-12 hour shifts with no break, told we cannot leave the building for a break, even though we are docked an hour's pay. Holidays are given as 4 weeks, and when I requested a week off this was refused. Do not get two days off together, often expected to work 6 days a week, this is not optional. As advised on here a few months back, I started to look for another job.

I got another job(hurrah!), who want me to start ASAP on a pova check, so hopefully next week. Handed in my notice at work, they stood over me and insisted on a month's notice. As they job is quite far away too, I would like to just write it off as a very bad experience and start my new job, after having a couple of days off, as I should be having annual leave this week, but was refused.

Can someone please advise me, if I refuse to work my notice what can they do if anything? Any advise hugely appreciated thank you in advance

kerrypn

Also, sorry, I havent taken any holidays at all-will they have to pay me my accrued hols? Thanks again

lynzpower

Its my opinion they do have to pay you holidays.

My feeling is what is the worst they can do if you dont go back? They could withhold your money ( you can go court if it comes to it- small claims) They could give you a bad reference- but you have another job already- are you sure this is not dependent on this reference?

they cant very well drag you by your hair to work there can they! Personally Id be laundering the uniforms and folding them ready tyo hand over. this sounds like a dire palce to workand if you dont need to do it then dont!

kerrypn

Thanks lynz-I will need a reference which they cannot refuse due to the nature of work-it has to be most recent employer. The uniforms are mine as I had to buy them myself !

Think I might just not go back then

Sambucus_Nigra

They can insist all they like; I'd be out of there like a shot. I'd tell them that unless they can show you a signed contract with you agreeing to a month's notice, you will give them the statutory minimum and be done with it.

kerrypn

They stood over me and made me write a months notice. I just cant afford not to have my wages on the first-my new job will pay on the 20th May, but will not be a full month, so the pay on the first will have to cover 1st may-20th may, well It is meant to be the first of the month but it never is, usually around the 5th/6th/7th depending on how they feel

Hammyman

I would inform them that as you've not signed or seen a contract and then reel off the long list of offences they're committing under WTD and with Statutory Holidays that they forfeit their right to insist on anything. And as a parting shot, inform them that you'll be reporting them to every authority you can think of. And then do it.

kerrypn

ACAS are already investigating them apparantly as the man who provides in house training was horrified by the working conditions and reported it-is this who I report to? TBH I am surprised and proud of myself for surviving 4 months!!!!

kazwookie

I wouldn't go back.

To me is smacks of intimatation / hasessment or similar.

lynzpower

I would also report them to everyone. I would have a discreet word with your new employer. If they are in the care game (which Im guessing they are) they may well know your current employer has poor staff conditions. I would let them know.
Considering you are looking for a new job after a few months Id have thought new employer would have twigged that your current emplyer is rubbish.

lynzpower

kerrypn wrote: »

ACAS are already investigating them apparantly as the man who provides in house training was horrified by the working conditions and reported it-is this who I report to? TBH I am surprised and proud of myself for surviving 4 months!!!!

Local authority if they place residents there?
care standards commission- get them told!
Health and safety executive? After all working extensive hours puts both staff and residents at risk