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Contract in employment question?? |
my partner has worked with a company for 13 years, he never signed a contract when he started and unfortunately his worked are being unfair with wage's etc and not giving him the right holiday pay etc, is there anything he can do even though he has not had a contract? he has already been to citzens advice and they said if he has no contract then they can't tell what he really is entitled too Surely CAB advised him what his statutory rights are??? As long as he can prove that he worked there (ie pay stubs), he would be covered under your local employment law. He doesn't need a contract to have working rights - check with www.ACAS.co.uk In the UK, the fact that he turns up for work, is given work to do and is paid constitutes a contract in UK employment law. The fact that he's worked there for 13 years is contract enough, written or not. If he does not have a contract, then the past working conditions and "the way things have been done" would give him an applied terms and conditions. For example, if he always had a 1 hr lunch, then to change this, he would need 30 days notice with correct paperwork and meetings. unfortunately, I don't think there is anything your partner can do at the moment, but I would tell him to get a contract from his company, it's not too late to get a contract for future years, but he must make sure his start date is on the contract, in case he's made redundant for any reason, so he wont loose any redundancy pay. |
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