Fell ill- Got the sack- no contract signed

Sambucus_Nigra

Mersey wrote: »

McKneff - that isn't true. I realise full employment rights only accrued after 12 months (and now after 2 years, for jobs which started since April 2012), however, dismissal can still be unfair.

OP - were you working full-time and did you receive a P45 with your pay, or any letter confirming dismissal?

I'd write to your employer, asking whether and when a disciplinary hearing was convened (in your absence) and for a copy of the decision and for a copy of the school's employment manual.

Keep it polite; but, reiterate that you did inform your employer you had been hospitalised. The seriousness of the same, may mean the school had to take on cover, as you may have been in hpospital for weeks/months.

I assume the boss will deny having received your text, so keep the same.

They may ask for proof of any hospital attendance, so you may want to write and ask for this.

Shall we do that or find out if the OP actually contacted them in good time on the first day of sickness, and then spoke to someone about it afterwards? Or if they didn't inform the employer in good time, never contacted them in which case, the OP would have been considered to be AWOL.

Jamie_Carter

paddedjohn wrote: »

You accrue holidays when you are on the sick so the OP was accruing hols for 3 weeks.

That all depends on when they ended the OP's contract.

Uncertain

Jamie_Carter wrote: »

That all depends on when they ended the OP's contract.

Well, to be pedantic, it depends on when they SHOULD have ended his contract had they followed it correctly.

In a setup such as a school it would be easy to argue that he was employed on whatever are their standard terms for that sort of job. The fact that he did not sign a "contract" is neither here nor there.

the_matrix

I fell ill in the morning on Monday and went to hospital. I was meant to go into work on Monday afternoon so text them before my start.

CKhalvashi

the_matrix wrote: »

I fell ill in the morning on Monday and went to hospital. I was meant to go into work on Monday afternoon so text them before my start.

It would still depend when you text and when you were due to start.

Mine are contractually obliged to give me 4 hours notice, unless unreasonable, to allow me time to arrange me cover. This starts at 6am, so for a 1pm start, you'd be looking at letting someone in the company know by 9am.

I'm not saying that this will be your case, I'm simply referring to the fact that it's how employers have to work.

CK

marisa

If he never signed anything but worked there and got paid, how did it go through tax, does this count as illegal employment? If so I think the place would not be so pleased to know if he figured that out and he may be able to get some kinda hush money but other than that nothing I can see can be done

Miss_Havisham

I can't offer any advice, but I do hope you have recovered from your illness and are now doing well.

Miss H

sammyjammy

marisa wrote: »

If he never signed anything but worked there and got paid, how did it go through tax, does this count as illegal employment? If so I think the place would not be so pleased to know if he figured that out and he may be able to get some kinda hush money but other than that nothing I can see can be done

What planet are you on? Just because the OP hasn't signed a contract of employment it doesn't mean she isn't paying tax. I work in the Civil Service and it takes them an average of six months to get a contract out to a new member of staff.

Jamie_Carter

marisa wrote: »

If he never signed anything but worked there and got paid, how did it go through tax, does this count as illegal employment? If so I think the place would not be so pleased to know if he figured that out and he may be able to get some kinda hush money but other than that nothing I can see can be done

By turning up for work you are accepting a contract.

pleasedelete

paddedjohn wrote: »

You accrue holidays when you are on the sick so the OP was accruing hols for 3 weeks.

Not necessarily. Some school contracts pay holiday as part of salary (linked to term time only contracts) and then don't pay in school holidays. So you only get paid for 39 weeks but you get the statutory holidays but paid during the 39 weeks.