verbal contract

[fraujaeger]

Hi

I started my previous employment in February 2011

and had an interview stating that my hours would be 20-25 per week and I would have one weekend off in four

 

The job was reluctantly taken as a hotel cleaner but it meant coming off JSA which I was on for 8 months after losing my previous job

 

However

when I started I was not given a weekend off and had to use holiday to get the occasional weekend free

and my hours some weeks were cut down to 10-15 which made me financially very hard up at times

 

I asked several times for a contract of employment which never came

 

I have been off sick since April 2012 and on SSP which ends in October

when I shall need to apply for ESA and means I wil lneed to resign because of health problems

 

There are several other issues which contributed to my physical problems now

 

They did not provide the right equipment (broken vaccum cleaners etc. which were hard to push)

sometimes working 5/6 hours in one day which was hard because of the nature of the job and the next only working a couple of hours

 

I now suffer foot and arm problems as a result of this employment

 

At no time did I receive a risk assessment

 

I was offered a contract to sign after complaining to head office and was asked to come in when I was off sick

which I struggled to do because of my health and was told that I can sign it when I return to work.

 

Do I have a case to take to a tribunal

[becky2585]

Hello

 

Firstly I want to say that I don't mean to be rude with what I'm about to say, but this is how it comes across to me as a lawyer.

 

No, I don't think you have a good case. Maybe one which you could take a shot at, but it's certainly not a good case.

 

It looks to me as though you took a job you didnt want, which you resented having to do, and now you're trying to find an excuse not to go back.

 

You don't have a contract, so you don't have a set amount of hours per week they have to provide you. You asked for a contract, and they offered you one, but you won't attend to sign it. So, they accommodated you by allowing you to sign it when you return to work.

 

You also can't complain about having to use annual leave to take time off work - the same applies to any employee.

 

Working 5-6 hours per day isn't unreasonable. Over 12 hours, then you could have a legal complaint. Complaining a vacuum cleaner is hard to push wont get you anywhere either.

 

Finally, you state you're resigning "due to health problems" not "due to a fundamental breach of contract".

 

I'm sorry to spell it out bluntly, but I don't think this is going anywhere!

[fraujaeger]

Hi

I feel that you have misunderstood my situation

 

Firstly I did not resent doing this job and have suffered ill health as a result with bilateral plantar fasciitis and for which I have been signed off with a medical certificate

(I believe my gp knows what she is doing)

 

My gp has also suggested I do not return to work because my condition could get worse

 

I have worked all my life since the age of 17 years and now having reached 60 yrs of age I really do not need to be "put in my place" when you do not know the circumstances.

 

You misread my initial thread regarding the contract of employment.

 

I was verbally told that my hours would be 20-25 per week and I asked for a written contract of employment which I never received.

 

After complaining to Head Office I was called in to sign the said Contract only to be told to come back to sign it on my return to work

(this was after walking 2 miles with painful feet to sign it)

 

Please do not jump to conclusions about me

 

I took this job on willingly after being on JSA for the first time in my life and would have taken any job on rather than collect benefit

which I have never done in the entireity of my life

 

My employers did not give me a written statement after two months which is unlawful outlining my holiday entitlement etc.

 

As for the vacuum cleaner;

this is an industrial one with broken wheels therefore making it very heavy to push and my work colleagues also complained bitterly about using it!!!!!!!!!!!!!!!!!

 

Please do not judge people;

we are all here for a reason and I only wanted advice not the comments you furnished me with Working 5-6 hours non stop cleaning hotel rooms

is extremely tireing being given only 30 minutes a room (changing bedlinen, cleaning bathrooms etc)

and having to clean 12 rooms in a morning; try it!!!!!!!!

 

ended up with tendonitis, plantar fasciitis and trapped nerve in my lower back

 

I had to take this work on because I cannot claim my state pension until march 2013

and I did not want to stay on JSA any longer than necessary

and apart of the tremendous hard work I enjoyed being with my work colleagues and earning a living.

 

Please read through threads thoroughly before commenting in future

Edited August 29, 2012 by fraujaeger
want to add more

[fraujaeger]

May I just add that I was told at my interview I would be rotaed off one in four weekends which never happened and I should not have had to use my holiday entitlement to take off the occasional weekend off because that was not the deal. They did not adhere to their verbal contract of employment with me

[becky2585]

There's no moral judgment from me. You asked if you had a case, and on the basis of your initial post, my legal opinion was provided.

 

It's not my job to tell people what they want to hear, all I can do is advise on the facts given.

 

Wording such as "reluctantly took" the job to me implies strongly you never wanted it! And retiring for ill health reasons isn't usually the basis of a claim against an employer.

 

I can assure you I read your OP thoroughly; you can't very well criticise someone for not knowing all the facts, if you ask for an opinion based on half a story...

[honeybee13]

Hello there.

 

Can you prove any of what you were told about your contract, is there anything at all in writing about what was agreed?

 

My best, HB

[fraujaeger]

Hi

Becky 2585

- I think there may be some misunderstanding on both sides and I apologise if I did not make myself clear in my original post;

 

however we must try not to be judgemental in these threads and as previously stated I was looking for advice

and after going through other threads most of us start off by telling half a story.

 

Your comments come across as judgemental because I feel you immediately jumped to the conclusion that I was work shy and looking for an excuse not to work.

 

I have worked hard all my life and at one time managing a high position within the nhs and cleaning offices at night to put my daughter through university

[fraujaeger]

hi honeybee13

Nothing was put in writing and I did not receive a written statement after 2 months.

 

I continued to ask for these and got shrugged shoulders but after a year I decided to write to head office to ask for one

which they provided but when I turned up to sign the contract was told to come back on my return to work to sign it !!!!!!!

 

Funny thing is all my work colleagues suddenly found themselves with contracts.

 

My manager had not produced a contract for any memeber of staff up until I complained to head office

 

These people think they can employ you,

tell you something and then expect you to do something else without anything in writing

and after getting in touch with ACAS they are willing to try for conciliation prior to obtaining an ET1 form

 

I have been paid short of the hours originally told by nearly £500 so hopefully ACAS will help.

 

I was never given notice that my hours would be reduced only told on the day or given 4 days work instead of 5 days