suspended

sammy_1

hi. i have just been suspended, due to an allegation, whilst an enquiry is being made.
i am bank staff. however, i am always on the rota and have worked an average 120hrs a month for the last year.
i have heard of an "implied contract". would this apply to me, and could i insist on being paid??

ohreally

It's normal to be suspended on full pay, have you enquired.

sammy_1

yes, i emailed when it happened a few weeks ago. they said, as bank, l wasnt entitled to pay..as does my contract
however someone sugggested l look into an implied contract, that would overide mine, if l worked an average amount of hours.
l emailed and requested this be looked into..10days ago, and am still waiting for a reply!!
needless to say, at the moment l have lost over £1000 in wages, over a false allegation..and am running out of savings!

ohreally

Union member?

What stage is the investigation at.

What are you accused off?

TBagpuss

Are you saying that they are paying your wages at your basic rate but that you feel you should get a higher rate to reflect higher hours worked recently? Or that they are not paying you at all?

What does your contract say? How were the extra hours shown on your wage slips? Were you required to work the longer hours or was it voluntary?

sammy_1

no union
i am bank staff, which means no contracted hours.
however, over past year, my hours have averaged 120 a month. l am placed on the rota each month, like any of the contracted hours staff
at the moment, since it happened a month ago, l am not being payed anything, as l have no contracted hours
but, someone advised me to check if l am entitled to an implied contract, which supposedly overides my contract, if l have worked regularly. l can find this mentioned for zero hours contracts and temp...but not bank.

pmlindyloo

According to this

https://www.gov.uk/disciplinary-procedures-and-action-at-work/suspension-from-work

you do not have to be paid whilst suspended if your contract says so.

Putting the implied contract to one side for a moment, I am wondering whether you are a worker rather than an employee.

Is your contract headed 'contract of services' and has a clause in it that says 'this contract does not apply when you are not on an assignment' (or something similar - sorry a bit James Bond like)?

I may be completely on the wrong track here but know this could make you a worker.

Workers are not, for instance, entitled to maternity leave (but are entitled to maternity pay if they meet the conditions) so am wondering if whilst you are suspended you are considered to be not working and therefore not entitled to pay.

Hope this doesn't sound too far fetched! Perhaps the first thing to do is check what kind of contract you have. if it is a services contract then you may need professional advice (ACAS/CAB with an employment specialist)

sammy_1

my contract is worded "bank agreement" but l do have an employee number on my payslip??
l am going to the CAB on monday.

Another_not_new_user

Based on what you say here, you have a zero hours contract. So you are paid when you work and that is all you are paid for. Assuming that to be the case there is no implied contract - you don't work you don't get paid. And assuming this to be the case, you need to be very careful about what you try to demand. Because on a zero hours contract they don't have to even find you guilty of anything - they can simply stop offering you any work. Which it would be legal for them to do.

sammy_1

thanks, thats what l thought, untill speaking to someone who had previous experience of a bank worker claiming an implied contract because someone didnt want to give her hours. but because, like me she had done regular hours, for a long period of time, so therefore treated as staff on a rota, they had to give her hours.
this was why it was suggested to me to check it out
l was just clutching at straws really, in the hope that this awful, untrue allegation, hadnt lost me over £1000..and still rising!
just shows how vulnerable we are really(and all for minimum wage!!) :-(

tir21

Sammy

If the rotered hours become regular over an extended period then regardless of what the contract says - you could expect to be treated as an employee rather than a worker

Extended period is open to interpretation though

The relevant case is pulse healthcare v carewatch care services

Although if you've worked there less than 2 years this could be irrelevant since the ability to claim unfair dismissal does not kick in till 2 years employment. Ie if you cause trouble by seeking to be classed as an employee they could just wave you goodbye