No contract of employment

[alzdeejay1]

Hi guys.

I have been working for a company 46+ hours a week scince november 2012. Now im about to ask my boss to provide it to me by law because I'm having a few minor issues. When I was interviewed we agreed on full time 8 hours a day monday to friday. I just want to know where I stand before laying out my rights. Can he give me a zero hour contract after all this time of working ??

[Sidewinder]

Do you have a job offer letter or anything else from when you were appointed?

 

Not that this matters too much - you would have ample evidence through timesheets, payslips etc to demonstrate that a regular hours agreement existed.

 

You should certainly have received a statement of basic terms a month after you started at the latest though.

[alzdeejay1]

I have signed nothing since starting there. We agreed on a 48hr week and that was that. I have never signed the working time directive opt out form either. I just want to be sure that when I tell him tomorrow as from Monday all he's getting from me is 48hrs. a week with no overtime he can't then slap me with a zero hour contract because I refuse the extra hours.

[Sidewinder]

Keep calm when you discuss this or you could leave yourself open to being 'let go' for any reason that the employer might like to think of!

 

You do not have full protection from unfair dismissal until you have two years service and the employer might see you as a militant troublemaker and decide that he can no longer afford you/does not like your hair colour/BO/taste in shirts.

 

On the 48 hour working week matter, then you have absolute protection - if you have not opted out of the 48 hour working week then you cannot be forced to work above that limit, and even if you had opted out, you are entitled to opt back in at any time. If the employer was to dismiss you or cause you a detriment BECAUSE of your stance over the 48 hour week then this would be a protected characteristic and you could go to an Employment Tribunal. Of course a savvy boss would know this so would find a different reason to let you go or reduce your hours, hence why I say to be very careful. At the very least get something in writing, (an email perhaps?) to record the fact that you want to discuss working only the 48 hours that your contract permits. At least then if things were to get unpleasant you would have some evidence to suggest that it was this that caused any later problems.

[alzdeejay1]

So if I put my reasons in writing I should be fine. An example was last Sunday I specifically said I couldn't work because my old dear was in hospital with meningitis which he knew. He still then continued to badger me until I gave in and said yes .I don't want overtime and I'm quite happy to do my agreed hours.