Contract

Green_Shoes_2

I have been working for a church since September, with a clear job description and regular pay with expenses on the 25th every month on time. My problem is that 7 months in i have yet to sign any contract. I'm just wondering what this means for my rights etc?

Thank you in advance for any help.

LittleVoice

You don't have to sign a contract.
You don't need a written contract.
What your employer has to do is provide written particulars relating to specific aspects - like holidays. Many employers ask you to sign for receipt of this written information but there is no statutory requirement for you to sign.
Do you have an offer letter (which often contains a lot of the required information) or other written information about your contract of employment? (I use the word "contract" there because that is what it is, you can have an oral contract.)

VB6

Its good that you're paid on time and have a clear job description. A written contract can help you though should any problems arise.

rjh090384

i dont have a job decription or details on holidays etc and i have ben working in my position since july. we were told august ttehn october then december then at christams i was told april so the boss can decide who he likes as its easier to get rid without a contract!

LittleVoice

rjh090384 wrote: »

i dont have a job decription or details on holidays etc and i have ben working in my position since july. we were told august ttehn october then december then at christams i was told april so the boss can decide who he likes as its easier to get rid without a contract!

You have a contract. You have been working and your employer has been paying. If your employer hasn't given you your written particulars (which are now way overdue), the minimum statutory rights will be in force.

It may actually make it more difficult for him to get rid of anyone as it is easier for an employee to argue about what the contract is.

Savvy_Sue

ACAS will help you with working out what your entitlement to holidays etc is in the absence of anything in writing from your employer ...

and

Independent Examiners will help the church get its act together in matters of employment ...

the latter provides an email news service which often mentions employment contracts and the like.

Green_Shoes_2

LittleVoice wrote: »

You don't have to sign a contract.
You don't need a written contract.
What your employer has to do is provide written particulars relating to specific aspects - like holidays. Many employers ask you to sign for receipt of this written information but there is no statutory requirement for you to sign.
Do you have an offer letter (which often contains a lot of the required information) or other written information about your contract of employment? (I use the word "contract" there because that is what it is, you can have an oral contract.)

No, i don't have an offer letter but i have a written document with holidays and other specifics. We did have a small problem at the start about days-off as i though i had two a week but they said only one but sorted now.

Below, a person mentioned the minimum statutory rights, what are theses?

Savvy_Sue

Green_Shoes wrote: »

No, i don't have an offer letter but i have a written document with holidays and other specifics. We did have a small problem at the start about days-off as i though i had two a week but they said only one but sorted now.

Below, a person mentioned the minimum statutory rights, what are theses?

The ACAS site I gave a link to above will have details - you'll have to click around a bit. But, for example, unless your employer sets a different notice period, then there are legal minimum periods of notice. Paid holiday is currently 4 weeks per year (20 days for those working a 5 day week): the employer may give more, eg give all bank holidays as paid leave. Note that in 18 months paid leave is increasing to 28 days, ie to include all bank holidays, and there's an interim step this coming October.

As a youth worker, you may not have set hours, although a sensible employer would set out any requirements in writing: eg "normally 35 hours per week, to be worked over 6 days, and to include two evening sessions at the youth club, Sunday evening services at least fortnightly, and attendance at church staff meetings on Monday mornings".

If you don't have anything in writing, then your employer can't suddenly change what you've been doing without your agreement. So if you've always been at Youth Group on Wednesdays and Fridays, you can be asked to add another evening, but you can't be required to do so. The same applies even if you have got it in writing: my point is that what you usually do becomes what you're contracted to do, even if there is no WRITTEN contract.

Just as an example, I work for a small charity where most staff have to do some evening sessions, for which they get TOIL (Time Off In Lieu). So our contracts set out what your 'normal' hours are: 35 over 5 days, 9.30 am to 4.30 pm including a paid lunch break, but at least one evening session per fortnight for which TOIL is given. We do get situations where staff build up an awful lot of TOIL - a client needs support out of hours, a crisis develops at 4 pm etc, so we've come to an agreement that we can carry forward no more than 25 hours each month unless the manager authorises it. When you can't do your work within set hours, then it is definitely worth having that kind of agreement ...

I am sure there is a handbook / guide for churches employing staff. I think those Independent Examiners would know about it. The other thing I've found is Stewardship Services: they offer a model contract for churches employing staff. I believe they charge for it, but IMO getting the contract right is money well spent ...

LittleVoice

The minimum is four weeks for a full-time worker. As you have two days off a week you would have 20 days as a minimum.

If you had been a part-timer it would still be four weeks but four of your weeks. That is, for example, if you worked 4 days a week, you would be entitled to 16 days (4 x 4 days) a year.

The four weeks can include bank holidays if your employer doesn't pay for those in additon. (There is no statutory right to bank holidays but you may have a contractual right - see what your written particulars say.)

ohreally

Green_Shoes wrote: »

My problem is that 7 months in i have yet to sign any contract. I'm just wondering what this means for my rights

The fact nothing has been signed matters not, a contract exists - you have agreed to supply labour in return for the employers rumuneration.

Green_Shoes_2

Quick up-date and some help please. THey had a staff meeting yesterday and it was decided that we (there are two of us) are not employed. We are given £200 each month which they say is just an allowance (currently in a gap year) plus expenses. We do a 6 day week.
So, are we employed or not???