Register | Forgotten password?

Home
Resigning
Job Hunting
In Work
Thinking About Quitting
Tools
Community
Shop
 

Is it Illegal to work without a Contract?

 
Is it Illegal to work without a Contract?

Please can someone confirm if it is illegal to work in a full time permanent job without a contract. I have failed to have been paid either weekly or monthly pay and they now say they will pay me at the end of November despite me working there for 3 weeks already!! I don't know my rights as i don't have a contract.

Help!! Thanks

Ian

28/10/2005 11:29:33

Is it Illegal to work without a Contract?

Originally posted by Ian:
Please can someone confirm if it is illegal to work in a full time permanent job without a contract. I have failed to have been paid either weekly or monthly pay and they now say they will pay me at the end of November despite me working there for 3 weeks already!! I don't know my rights as i don't have a contract.

Help!! Thanks
No it's not if you are in the UK.

You are entitled to ask for written particulars of employment which differs from a contract as it basically says you are employed by x person to do y, and you are to get paid on x plus a few other statements required by law.

If an employer refuses to give you written particulars after you have repeatedly asked (and you have to prove you have asked them repeatedly), during your employement and up to 3 months after you have left you are entitled to take them to an employment tribunal to gain compensation.

If you have no employment contract (which differs from particulars of employment) you are covered by statutory employment terms laid down under English and Welsh, Scottish or Northern Ireland laws. You should look at the http://www.dti.gov.uk/ and look under the "work and employees" section to see your rights.

Most employment contracts are a waste of paper in my opinion. Nearly 8/10 UK middle managers backed by senior management ( in my own, family, friends and aquaintences) experience frequently breach employment laws.

The best thing for you to try and get from your employer in writing (even if it is in an email) is: 1. Your job title 2. Your main duties 3. Who you report to 4. Your holiday allowance (they have to give you a minimum of 20 days this includes the 8 bank holidays) 5. What sick pay you get (if they say none it is statutory) 6. By law they have to tell you the greivance procedure 7. When and how you get paid

If they refuse to give you information about when and how you get paid. Get the full name of the firm and phone up the Inland Revenue. Find out: 1. Who your employer's tax office is (name, address and phone number.) 2. Then phone up that particular tax office and find out if If you have been registered by your employer as being an employee of that company. They should register you within 2 months of employing you otherwise you know you are in trouble.

Slough

28/10/2005 12:13:48

Is it Illegal to work without a Contract?

You can telephone ACAS on 08457474747

Originally posted by Slough:
No it's not if you are in the UK.

You are entitled to ask for written particulars of employment which differs from a contract as it basically says you are employed by x person to do y, and you are to get paid on x plus a few other statements required by law.

If an employer refuses to give you written particulars after you have repeatedly asked (and you have to prove you have asked them repeatedly), during your employement and up to 3 months after you have left you are entitled to take them to an employment tribunal to gain compensation.

If you have no employment contract (which differs from particulars of employment) you are covered by statutory employment terms laid down under English and Welsh, Scottish or Northern Ireland laws. You should look at the http://www.dti.gov.uk/ and look under the "work and employees" section to see your rights.

Most employment contracts are a waste of paper in my opinion. Nearly 8/10 UK middle managers backed by senior management ( in my own, family, friends and aquaintences) experience frequently breach employment laws.

The best thing for you to try and get from your employer in writing (even if it is in an email) is: 1. Your job title 2. Your main duties 3. Who you report to 4. Your holiday allowance (they have to give you a minimum of 20 days this includes the 8 bank holidays) 5. What sick pay you get (if they say none it is statutory) 6. By law they have to tell you the greivance procedure 7. When and how you get paid

If they refuse to give you information about when and how you get paid. Get the full name of the firm and phone up the Inland Revenue. Find out: 1. Who your employer's tax office is (name, address and phone number.) 2. Then phone up that particular tax office and find out if If you have been registered by your employer as being an employee of that company. They should register you within 2 months of employing you otherwise you know you are in trouble.

chris

01/11/2005 15:19:31

Daughter in trouble

Hi there, my daughter is 14 years and still at school. My daughter has been employed for almost 1 year in the same business(cafe). She works on a Saturday and Sunday both 8 hour shifts and DOES NOT recieve a break and also does not have a contract?? is this illegal and what can be done?? My daughter has just informed me that the work done is 'hard' ie: on her hands a knees cleaning floor, opperating a coffee machine, using strong cleaning products such as Deep clean, Bleach + Coffee machine cleaner also using sharp knives and cooking in the main kitchen. I am totaly annoyed at this as My daughter is only 14 and is this possible?? thank you for your help.

jenni02011

20/08/2009 16:53:33

I am afraid that this is entirely and utterly illegal. And in this case I am picking my words very carefully - it is not UNLAWFUL - it is ILLEGAL. At 14 your daughter cannot be employed for more than 5 hours on a Saturday and 2 hours on a Sunday. She must be given a break every 4 hours, and I think that I am correct in saying that she cannot work AT ALL without a work permit since she is under 16. Employing a 13 year old (as she would have been at the time she started) in this way is in complete breach of the law. I am sorry, but She is too young to be working in this kind of work for these hours - whatever the law says, and it says she can't! I think you should report the employer - I have to be honest and say that I am not entirely sure who to, but I would contact the local council for a start, and they should be able to advise you. And I would suggest that no matter how much she wants the money, you put your foot down and stop her.

shikahra

20/08/2009 17:05:44

Thank you so much for your reply and concern.

however my daughter has been 'sacked' only 30mins ago by text beacuse she was at school when her employer text her telling her that she was due to work on saturday aswell as sunday.

My daughter could not get back to her as she was in class and quickly text her back letting her know she will get back to her.

when another text came through from her employee telling My daughter to hand her uniform meaning she was 'sacked'

is this legal to dismiss her without any verbal or written warnings?

My daughter was called to a staff meeting on thursday 13th August where my daughter raised concerns for herself and older members of staff, however her employer was furious, raising her voice, intimidating and not being considerate to her concerns.

ever since my daughter raised her views at the meeting she has felt stressed and concernd for her job. surely this is abuse?

jenni02011

20/08/2009 17:20:01

I have just read your post about your 14 year old daughter working conditions. Just a couple of questions: why have you allowed her to continue to work in this situation for so long? Whilst it is totally wrong to employ someone this young why has it suddenly become a problem? Is it because she has been sacked? If not would she still carry on with the job? did she actually tell the employer her real age? in my youth it was not uncommon to add a year or two in order to get a job or gain entrance to the local 'disco'.

What this employer is doing is illegal and if you are intent on reporting them then I would start with the local authority or even contact Connexions for advice but be aware that you have allowed her to work for a year without complaint until now she is sacked. By-laws require employers to register with the Local Authority and have a permit/licence from said Local Authority. Local by-laws set out work that children can do and the types of work that are not suitable and one of these is working in a commercial kitchen.

As a parent you have a responsibility to ensure that your child is safe from harm and exploitation. In future I would advise that you check out any employment that she takes on and ensure she works the permitted hours to enable her to do her school work and be a child.

crocodile

20/08/2009 23:18:31

I couldn't agree more. But on the legal side of the employment "contract", the dismissal is not relevant anyway. The contract itself was illegal and therefore this invalidates the entire employment. Rights do not accrue on an illegal contract, and as her parent it was your responsibility to ensure that the terms of any "employment contract" was legal - she is not old enough to enter into a contract in her own right.

shikahra

21/08/2009 11:31:45

Dismissed from work when not actually on shift

Hi, I am writing for some advice about a situation that happened at work. Whilst working new years eve, i got into an arguement with my manager over circumstances that happened that night. this arguement happened infront of all our work collegues, however neither him or I tried to take the arguement into his office or somewhere more private. I found out two days later through my sister, who also works in the bar, that he had decided to let me go. however, when the arguement had taken place, i had finished my shift as he had let me leave early due to there not too many staff on the bar when it hadnt been very busy. I was wondering whether i had any rigts to argue this even though i havent signed a contract. i have worked there for over a year and when i started and brought up the discussion of signing contracts he merely replied that this workplace didnt sign contracts even if we wanted to. I have never recieved holiday pay through the whole year and wondered whether i had a case for unfair dismissal?

xx-vicki-xx90

03/01/2010 16:19:23

Hi

Yes, if you have worked there more than 12 months then you have the right not to be unfairly dismissed.

You also have a right to ask for a written statement of reasons for dismissal and employer must respond within 14 days.

You might look up the ACAS Code on disciplinary procedures for info. on how this ought to have been accomplished.

bubbles_once

03/01/2010 18:11:35

Is this Legal??????????

I started work for a company last January (2009) and have been there ever since.

I was told at my interview, that after a 3 month probation period, i would receive a written contract stating the particulars!.....Im still waiting for this in February 2010.

Also, the rules of work seem to change by the day to suit the managers change in mood or to suite the way things go...for example, if we damage a customers vehicle, we are meant to pay a £300 excess for the repairs.....this was never stated in the interview and one of my colleagues has been the victim of this sudden change in rules that are APPARENTLY stated in the contract we have never seen. he makes things up as he goes along so we never know whats right or wrong and it always seems to go in his/the companies favour.

so, which ever way you look at it, we are caught in every situation with our tails between our legs with no hope of ever coming out on top.

Also, I fell over at work about 2 months ago, and have injured my upper leg and hip. Not so bad I cant do anything but its bad enough to cause me some considerable pain. I never complained about it at the time cos thats not like me to make a fuss but now I have become aware that the company is out to sabotage their workers in the name of profit and managers preference, im seriously considering making a claim for this injury that has caused me great pain for about 2 months. Im not a vindictive person, but as I keep hearing form people...look after No1! BUT...Im worried that I can be dissmissed from work for doing this!...which brings me to another question!

If i have no contract.....and I make a claim and Im dismissed, can I then do them for unfair dismissal as I have not been given the contact Im rightfully entilted to ?

I appreciate you taking the time to read this and hope you can shed some light on this for me as Im starting to stress over this and many other things about my work place and its getting me down.

regards

Ad

Adam2609

21/02/2010 08:39:39

Hi

It's not the case that you don't have a contract - merely by virtue of you working for them and them paying you, you have a valid form of contract, just not a written one.

However, it is unlawful not to issue written particulars of main terms of employment within 12 weeks of starting work.

Having worked there 12 months+ you have full rights to claim unfair dismissal, irrespective of any written contract.

In addition, you can add a claim about failure to issue a written statement and a tribunal has the power to award you up to I think 3 weeks pay for this.

Sounds too as if deducting £300 xs would be unlawful deduction from wages - UNLESS doing so was clearly agreed-to as a term of the contract of employment.

Joining a trade union might be a good move to protect you for the future - employer doesn't need to know that you have, or to 'recognize' a union.

bubbles_once

21/02/2010 15:38:25

Holiday entitlement

My wife has worked for a barbers for nearly 2 years, its a small family run business run by the most arrogant idiot I've ever known. She doesn't have a contract of employment, but has been told that she's allowed 4 weeks holiday a year, but isn't allowed to take them during December as it's their busiest period.

She has just put in some of her holidays for this year, a long weekend mid June and 2 weeks in July. Her boss has now told her that she can't take these holidays, with no explanation as to why. No other member of staff is off during these times so she sees no problem into why he's being such a hole.

Now apart from resisting doing him some serious damage, I would like to know where she stands legally over this, as surely this cannot be legal and people just making up rules as they go along.

I'd appreciate some advice.

Many thanks

stage37291

25/02/2010 12:04:09

An employer can refuse holiday requests or refuse them at certain times of the year. They must not do so unreasonably. But the truth is that if your wife pushes this she may end up with a longer and unpaid holiday as there is little in the way of teeth to the law. The best way of resolving this is through discussion with the employer. Sorry, but any other strategy would be very risky to your wife's continued employment, and isn't even guaranteed to win what little she migt win - if you see what I mean,

shikahra

25/02/2010 12:13:38

Thanks for the reply and advice. I'm just so annoyed though that people are allowed to treat employees in this manner. If she asks for a reason as to why he's not allowing the holiday and is still unhappy with his reply, would there be any merit in going to an employment tribunal. From what she's told me he seems to generally be like this with all his staff and never acts in a reasonable manner towards them.

stage37291

25/02/2010 12:24:21

Honestly? No. There is no law against being unreasonable! If you go to a tribunal you won't win - by the time it gets there you can guarantee that a very sound business reason for refusing will have appeared, and in the meantime her card is marked for dismissal - and it really isn't that hard to do it fairly in law if an employer tries. If the employer isn't the sort she wants to work for then the answer is obvious - use her time to find another job. Sorry, but the simple fact is that there is no right to take holidays when you want them, and the word "reasonable" in any sentence gives employers a get out if they can show something that is convincing

shikahra

25/02/2010 12:37:21