Laid off - No contract of employment

[ontoplums]

Hi All

 

I was laid off on Friday and would be grateful for any advice. I have no contract of employment so was wondering where I stood with regards to entitlement to wages whilst laid off. I've read in some places that I'm not entitled to anything and in other places that I am entitled to 4 weeks average pay and if not back at work after this I can consider myself redundant.

 

Can anyone shed any light? If further info is required please ask away...

 

Thanks in advance.

[ontoplums]

Also, Is there such a thing as statutory employment law in which an employer should abide by if no contract is in place? If so, does anyone know where I can read further on it?

[elpulpo]

Hi All

 

I was laid off on Friday and would be grateful for any advice. I have no contract of employment so was wondering where I stood with regards to entitlement to wages whilst laid off. I've read in some places that I'm not entitled to anything and in other places that I am entitled to 4 weeks average pay and if not back at work after this I can consider myself redundant.

 

Can anyone shed any light? If further info is required please ask away...

 

Thanks in advance.

Do you know how long you're likely to be laid off for?

Has your employer said what they will pay you?

Do you normally work regular hours each week?

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10026693

This should tell you a lot. Your employer should provide you with a written statement of particulars of employment within 2 months of you commencing work. As they've failed to do that, you should be in a stronger position than if they'd made contractual provision for laying employees off.

[elpulpo]

Also, Is there such a thing as statutory employment law in which an employer should abide by if no contract is in place? If so, does anyone know where I can read further on it?

Yes, absolutely. For example, the statutory notice period that either side is obliged to give is (after one months continuous service) 1 week. Now, an employers written statement of T&C's may go beyond that, but they can't go below.

http://www.direct.gov.uk/en/Employment/Employees/index.htm

Good old directgov again.

[ontoplums]

Do you know how long you're likely to be laid off for?

Has your employer said what they will pay you?

Do you normally work regular hours each week?

 

This should tell you a lot. Your employer should provide you with a written statement of particulars of employment within 2 months of you commencing work. As they've failed to do that, you should be in a stronger position than if they'd made contractual provision for laying employees off.

 

All the employer said was that we (2 of us only) were being laid off for "a couple of weeks" and that he would call us when more work comes in. However, it is unlikely that I will get a call to go back. The employer has not said what he will pay me, and our regular hours are 8am-4:30pm 7 days a week.

 

Thanks for the link, I will have a look.

[elpulpo]

http://www.direct.gov.uk/en/Employment/Understandingyourworkstatus/Temporarylayoff/DG_10037790

Have a look here too, for what happens if nothing happens, if that makes sense?!

Given there are regular hours and there's no contractual provision for stopping or limiting your pay in the event of a lay off, I'd say you should be able to demand full pay. Getting it without a fight is a different matter, of course.

What size is the business, and how many people work for it?

How long have you worked there?

[ontoplums]

The owner is as stubborn as they come which is why I want to make sure all my information is correct before battle commences! I've worked there for 3 months and i'm 99% sure he has broken a number of employment laws. It's a small business with around 10 employees, funnily enough it's only the two British employees being laid off. The rest of the guys are Polish and they tend to do as they're told without question. One of them questioned the fact we had no contract, threatening to leave, the boss's response was that he would make sure the guy would never find work in the UK again! Ever since then they have been too afraid to question him, working 15 hours a day at times for 7 days. This is the kind of character I am dealing with.

[elpulpo]

Yep, there's a lot of em about. What industry is it?

He's probably kept the Poles on 'cos he's paying them tuppence halfpenny an hour, whereas he doesn't think he'll get away with it with the Brits.

I'm surprised that the Poles put up with it though, most eastern Europeans I know are particularly clued up on employment law, they've got a good internet support network between themselves. Good on em too.

Well, if you want to take this guy on, we'll give you all the support you need. It doesn't sound like there are many prospects in this job anyway, if he's laying you off indeterminately.

[ontoplums]

Yeah sounds about right.

 

It's the marine services industry and you are right, there are no prospects in the job at all.

 

Thanks for the offer of support, really appreciate it. I will call him in the morning and keep you posted.

 

Thanks for the advice so far.

[elpulpo]

You service marines? I suppose someone has to.

Email him. That way you can substantiate what's said.