Is it illegal to work without a contract?

TL_time

spira9 wrote: »

I've been working at a place with no contract for almost 2 years now. Never had day off or holiday.

I think I would get sacked if I had a 2 week holiday.

This is surely not legal....

agrinnall

TL_time wrote: »

This is surely not legal....

It's legal not to allow a 2 week holiday, but not allowing any holidays would be illegal. I don't actually believe the poster anyway.

spira9

I never said anything about not being allowed to have holidays.

I just don't know what I'm entitled to. Never had a contract. Employer just tells me to not come in or come in with no notice.

tomtontom

spira9 wrote: »

I never said anything about not being allowed to have holidays.

I just don't know what I'm entitled to. Never had a contract. Employer just tells me to not come in or come in with no notice.

You said you have "never had a day off". That's not true is it? If you've not had any paid time off that is something you need to query, even on a nil hours contract you would accrue holiday entitlement.

spira9

I haven't had a day off as I work different hours and the place is closed on Sundays.

Don't know why you keep attacking me

agrinnall

spira9 wrote: »

I haven't had a day off as I work different hours and the place is closed on Sundays.

Don't know why you keep attacking me

Because we don't believe you. Why wouldn't you take the paid holiday that you're entitled to?

spira9

Because I don't understand how it works. Do I just tell my boss I want 2 weeks holiday and I get it paid? There are times when I'm the only person working there, so I'm not sure who would cover me during that time.

I don't understand why you think I'm lying? Why would I lie about this? It's bizarre.:eek:

Savvy_Sue

spira9 wrote: »

Because I don't understand how it works. Do I just tell my boss I want 2 weeks holiday and I get it paid? There are times when I'm the only person working there, so I'm not sure who would cover me during that time.

In the course of a year, you are entitled to the equivalent of 5.6 weeks' paid holiday if you work a five day week.

So if you've been paid for 28 days on which you have not been required to work, you've had your paid holiday.

If you want to take leave at a particular time, you say to your manager "I'd like to book these dates, what's the system for that?"

Where I work, it starts with me checking the diary for my manager and a colleague (we try not to have more than one of us off at a time), then I have a conversation along the lines of "I'd like to book this period as holiday, looks OK in the diary", goes on to an email confirming the dates, and then I fill a form in so my manager and I both know how much leave I've got left.

In a previous job I could give the form in before the conversation, but I'd usually done the diary check first.

There will be a system, you just need to ask what it is.

If a request is turned down, your response is "please tell me when I can take leave, as I have X days owing to me."

mgdavid

spira9 wrote: »

......

......... It's bizarre.:eek:

so is working for 2 years and not having a day off or bothering to take the holidays that you are entitled to, bizarre.

silverwhistle

mgdavid wrote: »

so is working for 2 years and not having a day off or bothering to take the holidays that you are entitled to, bizarre.

.. or extra pay in lieu, i.e. like overtime..