Work contract

Kerrymakk

Jillanddy I’m not saying I’m too good for cleaning up the dog poo or scrubbing flags my point is all these have been added extra to my shift because I’ve questioned about my wage slips started there mid year 2020 had 3 payslips is that not breaking the law ? Had no P60 this year breaking the law ? Can you explain this why I would not be given them and why she would make excuses after excuses why I not got them , I’ve got all the snotty msgs to prove it all .  I take the clients dog out for a walk each hourly shift I do and clean his mess up while out but client has plenty of family that visit him why can’t they do a bit of tidying up or dog poo picking up , that’s there dad / grandad I’m pretty sure I’d help my dad or grandad , granddaughter (boss) covers my days off should she do those tasks as well when she’s working because she doesn’t maybe that’s perks of been a boss maybe , but it’s one rule for her and one for me , and I would never think I’m too good for dog poo or cleaning of any kind was cleaner for years , some people think cleaners are beneath them and treat them  like dirt on there Shoe I know I’ve been in the that situation myself been spoken to like I’m not good enough , don’t ask people to do something that your not prepared to do yourself , I’ve spoken to Acas told them everything and they have said I’m well within my rights they also said she sabotaged me at the meeting there words not mine I should of had at least a weeks notice (bullying ) is what she’s doing all because I’ve questioned about where my wage slips are , I have one hour to feed Medicate the client take dog for a walk clean and feed all general cleaning like stripping beds off washing clothes her them dried someone needs to show me that it’s possible to do in 1 hour plus show a little care to the client instead of making his food and dumping in front of tv or table , that’s not care !! 

Your clearly on her side Maybe a boss yourself that thinks it’s acceptable i don’t know but your entitled to an opinion as am I and all this started because I asked her for my wage slip there’s an issue here some where . 

Kerrymakk

Ambulance was rang wasn’t an emergency apparently so wouldn’t come out told them he’s a 90 year old man with dementia face all smashed in but they said he wasn’t classed as an emergency, rang family they all live within 10 minutes of the client i currently don’t have transport and he had to be taken to get the hospital in the next town so that’s why family was rang and why I waited till they arrived . 

General_Grant

Manage your time.  You know when your hour starts and when it should end.  You know the maximum amount of time it should take to wash up after a meal, so finish any other work in time to do that before you leave.

Establish whether the woman is your client or your employer.  That is, is your timesheet your invoice to a client (and you pay tax and NI due direct to HMRC) or, as you suggest, an employer (who deals with HMRC including paying Employers NI and is responsible for providing the payslips when or before you receive payment)?

Establish with your client/employer how you can contact her on the odd occasion when you might need to stay later to do essential tasks or agree with her how long any extra work is to be.  If this is by phone, audio record this as your proof of the oral agreement or that the time was refused which then shows why something was not done.

Are you looking for another job?

Kerrymakk

@General_Grant  yes currently looking for something new it’s not about the tasks I’ve been given it’s Just all been added on since asking questions about pay slips she’s changed in behaviour and attitude towards me her name is on the 3 pay slips I’ve got so she’s payroll am I correct ? She’s also the gentleman I care for granddaughter she  covers my days off there’s only myself that works there and her when I’m off . 

Grumpy_chap

Taking everything the OP says into account, I think the only route forward here is for the OP and the employer to part ways.  I would imagine the employer is also of, or will shortly come to, a similar opinion.  Probably best for the OP to take ownership of that decision and select the timing that suits the OP, having found alternative employment (or not).

With the OP basically employed by the individual, or the individual's family, nothing will change in the way the OP wishes to see.

I am not saying that any of this is correct and, of course, we only have one side of the situation, but I do not see any other route forwards as having any likelihood of being successful.  That leaves the OP moving on as the only pragmatic option.

The OP can stay, but it is clear that this is causing distress to the OP and will result in bitterness - sometimes, simply taking care of your own self and health has to come first and this seems to be one of those times.

Kerrymakk

Grumpy_chap 
thank you very much for all your advice it’s very much appreciated 

General_Grant

Kerrymakk said:

@General_Grant  yes currently looking for something new it’s not about the tasks I’ve been given it’s Just all been added on since asking questions about pay slips she’s changed in behaviour and attitude towards me her name is on the 3 pay slips I’ve got so she’s payroll am I correct ? She’s also the gentleman I care for granddaughter she  covers my days off there’s only myself that works there and her when I’m off . 

Her name on the payslip suggests she is the employer (Payroll do not normally put their details on payslips).  Your employer whoever is noted as such on the written "contract" you have which gives your title and your rate of pay.

You need to keep your own record of what hours you have been paid for (those in dispute would be difficult to deal with) and, when you leave or within the current leave year*) ensure that you are paid for the accrued holiday or have taken the appropriate leave.

*  If no leave year is specified in your contract (eg 1 January to 31 December or 1 April to 31 March), you would have a personal holiday year starting on the first day of your employment.

Jillanddy

I’ve spoken to Acas today and what I’ve said I’m within my rights in what I’ve said

If ACAS told you that then it is some of the worst advice that I have ever heard. Yes, you are entitled to payslips etc. Of course enforcing that can be very difficult. The rest of it is grumpy complaints about your employment, whether justified or not, and nothing to do with employment law. So they should not even be commenting on such things. You have less than two years employment. You can be sacked in a second. The law doesn't care what your job description does or doesn't say. The law will very certainly say that you are not entitled to be paid for additional hours that your employer has not authorised. Employees don't just decide when they will work extra time for pay. 

So you have very few actual rights here - you have rights that you think you have that don't exist! None of which changes the fact that whatever the circumstances, this is a not a job that you are happy in so you need to find a better job. 

Kerrymakk

@Jillanddy
i didn’t personally just decide to do extra hours and just write them down and expect to get paid , that’s what I’m saying she told me at my interview if you end up working more than your normal hours just put them at the bottom of my time sheet the extra hours I’ve done and the reason why I did them , she did NOT say to me if you do extra hours get her permission first that’s whole point nor does it say in my contract get permission to do extra hours so basically my word against hers I can’t prove it nor can she but she’s the Boss so she’s bound to be right , sabotaged me at meeting is that allowed no it’s not! Notice must been given and who does meetings on a Sunday evening at 10pm so we’ll within my rights there I was put on the spot mind went blank what I want to say and ask but just coming at me like that I couldn’t think . And how convenient within the last hour she’s forwarded me a new contract with a job description in it with all the extra tasks she’s given me , I’ve not been there 2 years but I’ve still GOT some rights and shes a bully and gaslights me to try and make me doubt my capabilities of work well she’s picked on the wrong person she’s had a lot of staff work for her over the years and left this I now  believe her attitude and behaviour is the reason , wonder why she’s got a new contract written up she knows some how she’s in the wrong with something from the time I started working there . The clients needs aren’t to have a carer that cleans every shift what about his well-being his mental state of mind he needs communication and acknowledged not have a meal made and dumped off in front of  a tv wouldn’t he be more likely to open with any issues and feelings that are bothering him to a carer rather than a family member which he has done to me in the past but not since these extra tasks he’s gone rather quiet ! 

General_Grant

@Kerrymakk
Have you checked your account with HMRC online to see what has been reported to them regarding your pay?