Am I being exploited at work?

DazDude

Hello all, will try and keep this brief as possible but I have been with my current employer for nearly a year now.

A few months ago I transferred internally with the company to be closer to home. (Same company, Different Location)

However during both of these periods working for my current employer I do not have, and have never signed a paper contract with my stated hours and job description, Previous employees have asked for one for numerous reasons only to have themselves presented with a printed letter from the management with their job description, hours and pay written on it, but nothing actually signed to say they have agreed to it.

I did try phoning up HR and Payroll and the only reference they have for me is from my previous contract stating that I had transferred so no record of having even been paid since (Which is strange since I received bot my pay and a wage slip last month...)

As I am not currently in a Union I don't know where I stand taking this as the Manager (Who from what I have learnt from quite a few employees) has broken a good number of employment laws such as unfair dismissal with no reason or formal letters stating so. And so is not the best one to approach about this (And from what I have also been told does not like people going behind his back..)

And to top if off this week I have Just worked a 2pm - 10pm shift yesterday (Thursday)and I am expected to be at my location of work by 8am this morning (This is not allowing for waking up for at least 6 to be out by 7 to be at my destination for 8, so have not to my knowledge even had at least an 11 hour break between working (Which I'm lead to believe is the bare minimum?)

Hopefully someone can point me in the right direction where to go with this. As at the present moment I don't feel like going anywhere having barely had 4 hours sleep.

If anyone needs any more details just let me know.

Regards

Daz

Emmzi

join a union.

the shifts thing sounds a bit unreasonable to me, yes it should be 11 hours between shifts. If it's a one off I'd let it slide.

You don't know if people were infairly dismissed. Only an ET can determine that. And you'll only have one side of the story, second or third hand. Don't worry sbout other people, worry about you.

re: contracts - doesnt need to be signed, if you turn up and thy keep paying it's as good as signed. Other than hours and pay and location I don't know what else you want on a contract, what do you feel you are mssing?

LittleVoice

Emmzi wrote: »

join a union.

re: contracts - doesnt need to be signed, if you turn up and thy keep paying it's as good as signed. Other than hours and pay and location I don't know what else you want on a contract, what do you feel you are mssing?

The rest of what is required in written particulars of employment? Perhaps that is actually what was presented to the other employees. As we know, those details should be provided within the first two months of employment.

paulmapp8306

Nothing wrong with the shift from what I see. Most people working "moving" shifts wil do a "quick turn round" where they work a 6-2 then a nights (10-6) so 8 hour gap OR a nights finishing at 6am onto a 2-10 - so again an 8 hour gap.

As for the contract, your entitled to one. I dont know if you have to actually sign it though. A coy of an official letter/document from the company stating hours, pay, description etc should be fine as far as I know.

Stubert

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_175704

If you have been working for longer than one month, you should receive a ‘written statement of employment particulars’. Your employer has a duty to give you this within two months of you starting work. It still applies even if you will only be working for them for two months.
The statement sets out in writing some of your main employment terms, known as the 'principal statement'. It will not necessarily cover all of your employment terms and may cover only the ones your employer has a duty to include.

Uncertain

Stubert wrote: »

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_175704

Yes, that is all well and good but there is virtually nothing you can do about it if it doesn't happen!

If you end up taking your employer to a tribunal for some other valid reason you can add this failing to your claim and you MAY get awarded a couple of weeks pay as additional compensation. Even this is at the tribunal's discretion and you can no longer bring this claim on its own.