Mirror of Justice - All about Law and More
*Home>>>Employment Law

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???

A contract would be additional to the above rights

A contract is not required (although he should have had terms and conditions) A contract can be made by conduct. That means "its always been that way" eg 10 weeks holiday every year for 13 years is a contract by conduct (no need for it to be in writing)

So if your husband has always had so many weeks holiday/pay and now he hasnt then that is a breach of contract. It is also an unlawful deduction from wages

Contact ACAS website

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.
It sounds as if he has lots of probs with this employer. Assuming he is not in a Union, I suggest he goes and sees the CAB.
EDIT: Just seen your additional info. I think this is very poor of the CAB as, in the absence of written terms and conditions, the statutory terms apply and they should know this. The only thing I can suggest is that you go to www.acas.gov.uk which lays out very clearly what are your entitlements in employment and then ring their helpline (which is v helpful) and see what they can suggest.

The fact that he's worked there for 13 years is contract enough, written or not.
Consult with a employment lawyer, not the CAB.
Normally, with a letter from a lawyer to his employer concerning his grievances can lead to a different attitude from his employers. (He'll be taken more seriously)
If you don't want a lawyer then go to another CAB in some other part of your region, if you don't get sufficient advice there, then go to another.
This sort of thing seems to be growing throughout the UK.
GOOD LUCK

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.

With any job, it is always better to get a contract in writing as apposed verbal or applied.

You also have laws (giving minimum entitlements) with regards to number of holidays, breaks etc.. which can be found the net, so he would have a basic one by law anyhow.

Hope that's help.

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.

Tags
  Health Care Law   General Civil Litigation   Family Law   Estates Law   Environmental Law   Entertainment Law   Employment Law   Elder Law   Education Law   DUI Law   Drunk Driving Law   Divorce Law
Related information
  • Does self employment did to give notice?

    As a self-employed person, you need to have a clear contract that details the responsibilities that both you and your client face at the termination of your agreement. If you don't have a c...

  • Under Indian employment Law, can I sue my Company for not paying me the salary for 2 months?

    Do you have the written transfer order according to which you were asked to join the IT division & on the basis of which you joined the IT division? Since you had to leave to UK for an assignme...

  • What is employment law?

    This link gives you an overview of the subject. It's for American consumption, hence the peculiar spelling. ...

  • Illegal Immigrants Employment....?

    There are loads of companies that will hire him. Some people go to the trouble of getting a fake SS card, which works since very few companies actually verify them. Some companies, particularly c...

  • Can I break employment contract abroad?

    You can request for the discontinuance of the contract and advise your employer in advice so that there could be arrangements for a replacement.

    ...
  • Is Virginia an employment at will state?

    At Will The courts of Virginia follow an "employment-at-will" doctrine. At-will employees may be terminated for any reason, so long as it is not illegal. Generally, employees who work ...

  • Fair and Legal Employment Act?

    I assume you are from AZ: ...

  • What is temporary employment agencies?

    Temp agencies will hire you and send you out on different jobs doing whatever you are qualified for. I was a temp for a while. It was a lot of fun!

    ...
  •  

    Categories--Copyright/IP Policy--Contact Webmaster