Started new Job, just got contract not what agreed to advice needed

Undervalued

Marcon said:

Undervalued said:

Mickey154 said:

Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

There was no pay period on which to base furlough pay, so not sure how that could work?

In which case he was still employed and not furloughed so is arguably entitled to his full wages. Unless the employer could argue that there was a lay off clause in the (unwritten) contract?

Basically what has happened is that the employer has screwed up and not done what they could easily have done and terminated his contract. 

There is certainly a potential claim here but that would rule out any future work.

Comms69

AW618 said:

Comms69 said:

Undervalued said:

Comms69 said:

Undervalued said:

Mickey154 said:

Comms69 I dont mean to be rude but please dont reply if you cant give helpful advice. 

If what your saying is true. Then your saying all employers are allowed to lie and for example advertise a jobs as £40000 a year and then only pay you £5000 a year. If that so how can any one trust  job ads or apply for any job if it's all lies.
Also whats the point on a contract if a employer can do what they want. Doesnt that defeat the point of having a contract.

Yes and no.
If you have evidence of what was agreed you could almost certainly hold them to that for the time you have already worked and indeed for your notice period if, as I imagine they would, you are given notice.

You might be able to make a claim for at least the 80% furlough during the lock down period. With less than two years service they could have dismissed you but it seems they didn't?

You cannot stop them from dismissing you now (with notice) if you don't agree to the new terms so it may come down to future work on these terms or potentially a claim for what you should have had so far but no future job.

And in the current market that's a pretty bleak outlook

So is a zero hour contract unless the OP genuinely believes the firm will regularly give him an adequate number of hours.

So some work is worse than no work?

Your answers are entirely predicated on the assumption that the OP cannot get another job.  Knowing as little as you do of them, you cannot make that assumption, and if you are going to give answers based upon it you should say so explicitly.

There is nothing stopping the OP working & looking for a new job.... 

Mickey154

Thank you all for your replies. Much appreciated. To clarify things. I started at this new job on 16th march and worked up until 23rd march when they had to close. I did not qualify for Furlough as did not start until 16th March and there for rti was not submitted by 19th March. 
So have been on unpaid leave. They have not paid me for the days I worked from 16th March to 23rd march either.
I dont even know if I will get paid for hours I'm working this week. I have  no trust in them.
I cant continue to live on no income with a family to support. We are already falling in to debt due to no income for 3 months. Yes any job is better than no job but a job that doesnt guarantee any hours is barely a job.  

I understand it's a very difficult time. But feel I've been lied to and screwed from the beginning.
If they had not lied to me I would not have left my old job, if I had stayed at old job I would have got furlough pay. And would be back at work with more pay now. Old employer would not take me back on after I left as they already replaced me.  
I took new job as was better pay and better position to further my courier. I thought I was doing right thing.

I dont know if it's worth carrying on working for this employer or not with no guarantee that I will ever get paid.
I am looking to see if I can find another job, and have sent my Cv out to a few places.  So fingers crossed I will find some thing. 
I studied for 6 years to lean my profession and have over 20 years experience, in very big well known places. So should be able to find some thing.

lincroft1710

Mickey154 said:

I studied for 6 years to lean my profession and have over 20 years experience, in very big well known places. So should be able to find some thing.

So why is it you were on a zero hours contract job before this one?

Mickey154

I was on a zero hour contract before as had to move suddenly to be nearer a specialist hospital as youngest son was sick. Old job was meant to be temporary  Until found new permanent Job. Every job I had before that was a proper per annum salary job.
Hence why new job as was a better job, permanent and proper per annum salary.
Not sure why that's relevant though. 

lincroft1710

Mickey154 said:

I was on a zero hour contract before as had to move suddenly to be nearer a specialist hospital as youngest son was sick. Old job was meant to be temporary  Until found new permanent Job. Every job I had before that was a proper per annum salary job.
Hence why new job as was a better job, permanent and proper per annum salary.
Not sure why that's relevant though. 

Because a prospective employer would wonder why you went from proper pa salary to zhc. But your CV will of course explain this , I hope your son has now recovered.

jonnygee2

I understand it's a very difficult time. But feel I've been lied to and screwed from the beginning.

It sounds like you were, and like many you've ended up with no or little income. Sadly, moving jobs is always a risk given the state of UK law, and the lack of protection from near instant dismissal. It normally relies on mutual trust / benefit - but when that breaks down there's little official help to resort to.

By the way, I wouldn't recommend getting into a debate with the other members of the board on your employability, there's nothing to gain and many of them will doubtlessly find bizarre ways to attack you under the guise of 'advice'. It's not worth the time and not what you came for.

Mickey154

Lincroft1710 I see your point about prospective employers wondering. Yes it is explained In my CV. 
My son is slowly recovering now but its going to be a long journey.
Thank you 

Comms69

lincroft1710 said:

Mickey154 said:

I was on a zero hour contract before as had to move suddenly to be nearer a specialist hospital as youngest son was sick. Old job was meant to be temporary  Until found new permanent Job. Every job I had before that was a proper per annum salary job.
Hence why new job as was a better job, permanent and proper per annum salary.
Not sure why that's relevant though. 

Because a prospective employer would wonder why you went from proper pa salary to zhc. But your CV will of course explain this , I hope your son has now recovered.

It's unlikely to be known what type of contract the OP was on.

lincroft1710

Comms69 said:

lincroft1710 said:

Mickey154 said:

I was on a zero hour contract before as had to move suddenly to be nearer a specialist hospital as youngest son was sick. Old job was meant to be temporary  Until found new permanent Job. Every job I had before that was a proper per annum salary job.
Hence why new job as was a better job, permanent and proper per annum salary.
Not sure why that's relevant though. 

Because a prospective employer would wonder why you went from proper pa salary to zhc. But your CV will of course explain this , I hope your son has now recovered.

It's unlikely to be known what type of contract the OP was on.

Some people may well state this on their CV