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Tef

No payslips no statement of conditions etc.

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Hi all,

 

I'm new here and looking for some advice.

 

In July of 2008 I was made redundant from my full time job. At the final interview I was given the opportunity to work for the same company doing the same job but on a part time basis. Whilst not ideal I was pleased to do it as there were/are no other jobs out there.

 

I agreed to work on a week to week basis from 8.30am till 1pm 5 days a week, there was no talk of holiday entitlement grievance procedures etc. Mainly because I assumed that the job would only last a few weeks, I admit I wasn't all that bothered. 5 months later I'm still doing the same thing and have had no contract or statement offered. On top of that, although paid weekly, pretty promptly by bacs I have had no wage slips at all. Yet all other members of staff recieve theirs. I know by law I'm entitled to both of these but I'm not ready to bite the hand that feeds just yet..

 

Further, my job as a driver can and often does mean that I exceed my finish time by as much as an hour or two for which I recieve no money but am given time of in lieu. I am expected to take this time of in periods no greater than 30 minutes. This seems wholly unfair to me as it seems like I give and they take. So far this week I am owed something in excess of 4.5 hours and you can add at least another hour to that by tomorrow Fri 4th Dec.

 

My questions are these:

 

If I'm now dismissed how much notice should I have? and if dismissed could I not claim unfair dismissal as there is no agreement about periods of notice in effect?

 

What holidays am I entitled to? I'm under the impression its a day for every month worked, but thats from an unofficial source.

 

What right do I have to be paid overtime for excess hours rather than the current arrangement?

 

If dismissed because I raise these matters can I appeal to a tribunal?

 

On that note, could it not be argued at a tribunal that my old job still exists and therefore I should not have been made redundant?

 

Sorry for the lengthy query but I wanted to give as much info as possible, and yes I know I should walk away from this situation, but jobs in this area are rarer than rocking horse poo.

 

Regards

Tef

Edited by Tef
mistype

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Hi Tef

 

Can I Just clarify a few things first-

 

When did this change occur? You say July '08 at the start of your post, but go on to say '5 months later'.

Was it July '09?

 

When you were made redundant, was your employment formally terminated and you were then re-employed on the new terms?

Or did your working hours simply change from full-time to part-time?

 

Did you have a written statement of the terms & conditions of employment in your original, full-time role?

Edited by elpulpo

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Hi Tef

 

Can I Just clarify a few things first-

 

When did this change occur? You say July '08 at the start of your post, but go on to say '5 months later'.

Was it July '09?

 

When you were made redundant, was your employment formally terminated and you were then re-employed on the new terms?

Or did your working hours simply change from full-time to part-time?

 

Did you have a written statement of the terms & conditions of employment in your original, full-time role?

 

 

Hi there,

 

Yes I was hoping you'd spot that Wilson lol, seriously tho, my mistake I meant made redundant in July 09.

Employment was formally terminated 10/7/09 got my redundancy payments and was then re-employed on the terms outlined above.

 

And yes before redundancy I had a full contract.

 

Hope this helps

Regards

Tef

Edited by Tef
Unclear meaning

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I'm still looking for this issue to be answered..

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According to the employment rights act they should have given you a written statement of employemnt within 2 months of you starting the new position.

 

In regards to the payslips, well you guessed it. They are also according to the employment rights act suppose to supply you with them and that they are within certain perscribed terms, as stated by the act.

 

The following link will provide you with what you are entitled to have received in regards to written statments and payslips. (note the relevant sections to you are section 1 through to section 10 as listed on the webpage)

 

Employment Rights Act 1996 (c. 18)

 

Note failure for a company to comply with the above act, is a breach of the ACT.

 

But before going in all guns blazing i would first have speak to your manager about it requested copies of all payslips back dated to when you first started the new employment with the company. If that doesnt work then its time to issue a grievance.


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