No contract what rights?

BOATRACE

Hello
A close friend of mine took a job with a major retail company on a fixed term 5 months contract (warehouse work 24 hours a week).

This ended at the end of Jan but he is still there ( which is great) but, he has no contract although he has asked they just say dont worry about it.

He needs a knee replacement but knows that he will lose his job, it is a standing job and he is finding it increasingly difficult, so what happens in this case, will he be able to claim any benifits, he currently lives on the 24 hr job salary to pay all his expenses.

Takeaway_Addict

just because he has not had it in writing doesn't mean there isn't a contract. The fact he has worked regular hours and been paid is likely to be enough to deem a relationship of employment.

Thus unless custom and practise dictates otherwise he is entitled to statutory conditions (inc holidays and SSP).

However, as he has not worked there for 2 years yet then he could be dismissed for any reason as long as its not discriminatory in the eyes of the law (race, gender etc) and there would be little he can do about it.

If dismissed I believe he would be entitled to some benefits but he needs to post on the benefits board or check the benefits calulator which I cannot remember the link for but someone will no doubt post it.

anamenottaken

BOATRACE wrote: »

Hello
A close friend of mine took a job with a major retail company on a fixed term 5 months contract (warehouse work 24 hours a week).

This ended at the end of Jan but he is still there ( which is great) but, he has no contract although he has asked they just say dont worry about it. Presumably (dangerous to do this normally but !) he has been paid for the work he has done since the end of January. This demonstrates that he does have a contract. If he continues working then the original contract terms continue other than the termination date. What did they say?

He needs a knee replacement but knows that he will lose his job, it is a standing job and he is finding it increasingly difficult, so what happens in this case, will he be able to claim any benifits, he currently lives on the 24 hr job salary to pay all his expenses.
Initially he will be able to be paid Statutory Sick Pay. Depending on his contract, he may also receive company sick pay.
If he gets the knee replacement, will he then be capable of working? Would some adjustment to his job enable this?

..............

BOATRACE

Thank you for the replies,

The initial contract stated the job ended end of Jan, he was worried about not having a second contract since this one ended, but he is really pleased that he is still working.

It is because he is a forklift driver (standing) that he is still there all the other temp contracts were finished in jan so it does not look good for him if he has to have this operation but i suppose his health is more important.

Charsuibun

I'm in a similar situation, but I've never had a contract. I've been working my first job since June last year, and no matter how many times I bring it up they refuse to sort it out. I feel like they're taking advantage because it's my first job and if I kick up a bit of a fuss they can just turn around and fire me, cause you know there's no contract...

hawk30

Charsuibun wrote: »

I'm in a similar situation, but I've never had a contract. I've been working my first job since June last year, and no matter how many times I bring it up they refuse to sort it out. I feel like they're taking advantage because it's my first job and if I kick up a bit of a fuss they can just turn around and fire me, cause you know there's no contract...

You DO have a contract; just not a written one. Unfortunately, however, since you were hired in June last year, you don't get protection from unfair dismissal until you have worked there for two years, so you do have to tread carefully. But you so have certain rights, such as the right not to be discriminated against, annual leave, rest breaks, minimum wage, etc.

DCFC79

BOATRACE wrote: »

Thank you for the replies,

The initial contract stated the job ended end of Jan, he was worried about not having a second contract since this one ended, but he is really pleased that he is still working.

In all the jobs Ive had Ive never been given a second contract once ive passed my probation or been in the job for over a year.