No employment contract

thrifty007

Wondering if anyone has some advice for me 

I have been employed by my current company for 18 months but never had a contract.   They have just announced that I've Always been on a 24 HR one, I have never seen or signed anything.   I  thought I was on a 36 hr and have always been paid 36 hr holiday up until April when this was announced to me.   I have always picked overtime up and worked 72 HR weeks since I started working for them .   Where do I stand legally as they won't pay me for holidays now at 36hr, just 24 HR ty

Marcon

thrifty007 said:

Wondering if anyone has some advice for me 

I have been employed by my current company for 18 months but never had a contract.   They have just announced that I've Always been on a 24 HR one, I have never seen or signed anything.   I  thought I was on a 36 hr and have always been paid 36 hr holiday up until April when this was announced to me.   I have always picked overtime up and worked 72 HR weeks since I started working for them .   Where do I stand legally as they won't pay me for holidays now at 36hr, just 24 HR ty

See https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

or

https://www.acas.org.uk/what-must-be-written-in-an-employment-contract

Worth giving ACAS's free helpline a ring to discuss: 0300 123 1100

74jax

When you first started, how was the job offered to you? Do you have any email trail at all? A copy of the advert / application form, or email of offer etc? 

Andy_L

What do your payslips say?

Do they distinguish between regular pay & overtime & thus indicated what your regular hours are

gwynlas

It sounds lax on their part not to have issued a contract but they are obviously trying to save money by only paying holiday pay on the 24 hours. Can you recall what was the advertised role re hours and wage rate? Unless you have a paper trail it is difficult to prove anything. 

liz_bartun

Holiday pay can be complicated to work out for people who work varying hours or have bonuses, etc.

They should be working out your average earnings over the previous 12 months and paying you at that rate when you take time off. So when you take a week off, you should receive that average week's pay.

Undervalued

Marcon said:

thrifty007 said:

Wondering if anyone has some advice for me 

I have been employed by my current company for 18 months but never had a contract.   They have just announced that I've Always been on a 24 HR one, I have never seen or signed anything.   I  thought I was on a 36 hr and have always been paid 36 hr holiday up until April when this was announced to me.   I have always picked overtime up and worked 72 HR weeks since I started working for them .   Where do I stand legally as they won't pay me for holidays now at 36hr, just 24 HR ty

See https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars

or

https://www.acas.org.uk/what-must-be-written-in-an-employment-contract

Worth giving ACAS's free helpline a ring to discuss: 0300 123 1100

Which is all great but for the fact that there is, in the vast majority of cases, no useful redress if the employer doesn't provide a written "contract"!

unholyangel

You're entitled to holiday pay on most overtime, so I don't see what difference it makes with regards to holiday pay (search for court ruling overtime holiday pay). But you may also want to check "custom and practice in employment law".