Compensation if not given a written contract?

magic

Hi, just a quick question.

A friend is taking a former employer to a tribunal for wrongful dismissal and to claim for unpaid holidays, notice period etc.

They were also not given any written contract or terms and conditions of employment and were employed for over two months. Is this something that can also be claimed for? And if so how would you work out what is due?

Uncertain

magic wrote: »

Hi, just a quick question.

A friend is taking a former employer to a tribunal for wrongful dismissal and to claim for unpaid holidays, notice period etc.

They were also not given any written contract or terms and conditions of employment and were employed for over two months. Is this something that can also be claimed for? And if so how would you work out what is due?

Yes, failure to provide written particulars ("contract") within two months can be added to a valid claim but not made on its own.

The tribunal MAY make an award for this but doesn't have to. If they feel the firm have behaved badly then your friend may get luck and have an extra couple of weeks pay awarded.

Jarndyce

magic wrote: »

Hi, just a quick question.

A friend is taking a former employer to a tribunal for wrongful dismissal and to claim for unpaid holidays, notice period etc.

They were also not given any written contract or terms and conditions of employment and were employed for over two months. Is this something that can also be claimed for? And if so how would you work out what is due?

You can refer the failure to provide a statement of main terms and conditions (not a contract) to a tribunal, but you can only be awarded compensation if this is attached to another, successful claim.

The amount of compensation is between two to four weeks' pay - subject to the £400 limit on a week's pay - and is at the Tribunal's discretion.

magic

There is another claim as mentioned so that covers that point. Would they need to mention an extra amount in their claim, or just claim for unpaid work, holidays etc, and leave any amount for lack of terms of employment to the tribunal?

Also does the tribunal need to be made aware of this beforehand as the tribunal is supposed to be tomorrow.

Jarndyce

magic wrote: »

There is another claim as mentioned so that covers that point. Would they need to mention an extra amount in their claim, or just claim for unpaid work, holidays etc, and leave any amount for lack of terms of employment to the tribunal?

Also does the tribunal need to be made aware of this beforehand as the tribunal is supposed to be tomorrow.

No, the tribunal will deal with remedy if and when the substantive claim is declared successful. Bear in mind they will need to win that claim first!

magic

Thanks all. Just to mention the tribunal ruled in favour of my friends claim and also awarded 4 weeks compensation for lack of written employment terms :T