Employer issues

[clarion48]

Hello. I need some advice please.

 

 

I have been working for the last fifteen years for a "charity". My boss registered herself as the charity rather than the business....I think to do with tax etc. Anyway, over my time as an administrator there I have been given more & more work with expectation that I am available all of the time. I used to get paid an hourly rate and submit a time sheet each month but this was changed three years ago to a minimal fixed amount each month and then twice a year in June & December I had to submit a timesheet for any excess....but this is always queried and payment always begrudged. I only earn £300 per month so we are not talking megabucks.....but I am fed up with being expected to be available 24 hours a day, 7 days a week, 52 weeks a year.

 

 

Whenever something needs doing it becomes my job. I feel like an octopus sometimes!

 

 

Just before Christmas it was demanded that I worked Christmas week doing something that could have waited. The boss doesn't work Christmas week and nor does anyone else - just that the expectation was for me to do it and this is the third year this has happened....but this time I refused. She nearly blew a gasket!!

 

 

I heard from a colleague that the boss was raging about me and I have been summoned for a meeting this week....I think my days are numbered as she does not like people saying no to her.

 

 

My query really is to find out where I stand legally? My job does not have a contract...it has always been by verbal agreement. Originally it was voluntary but as the workload increased I began being paid. The office is my home....and everything for the business is stored at my home/garage/shed etc. All of this has been done free of any charge.

 

 

If I do suddenly get the sack as I suspect is going to happen....what can I do about it if anything?

 

 

Many thanks.

[honeybee13]

Hello there.

 

I hope the employment guys will be able to help you because I can't help thinking that this doesn't sound fair. The way you tell it, it sounds as if the boss has taken advantage of your good nature.

 

Let's see what the guys think, they should be along later.

 

HB

[Emmzzi]

I am confused. A person cannot be a charity; a charity is a separate legal entity.

 

I would check out guidelines about disciplinaries and dismissals on the ACAS website; proper procedure should be followed.

 

What do you want the outcome to be?

[SabreSheep]

As a side note

 

Even if the business is a registered charity when it comes to employment all the regulations regarding employees are the same.

[clarion48]

The business is not a registered charity. You will find that if you work in mission you are able to register as a charitable person and receive income for financial support. It works under the same principle as churches but a person/individual; so yes, a person can be registered.

[Emmzzi]

the charities act says institutions. I can see an institution being registered to support a mission or individual. I'm cofused about how you would be your own trustees otherwise...

 

http://www.legislation.gov.uk/ukpga/2011/25

[clarion48]

There are no trustees. Stewardship provides charity accounts for both institutions and individuals......the accounts are designed so that people working in mission can receive financial support. It does not work in the same way you are assuming it does and is not covered by government legislation in the same way either.

[steampowered]

You could bring a claim for unfair dismissal if the correct procedure was not followed, or if the dismissal was not justified. I can't really see a basis for suddenly getting the sack. Although to be fair given your salary you wouldn't get much compensation and depending on your attitude it might not be worth the hassle.

 

Beyond that, you basically have three options. The first option is to suck it up. The second option is to be more steadfast in refusing to be available outside working hours and making sure you submit accurate timesheets for that time. I don't think its reasonable to expect around-the-clock availability for 300 a month so you need to make it clear to your boss what the boundaries are and what working arrangements are acceptable. The third option is to resign and search for another job.

[Emmzzi]

ok. I am still not sure what outcome you are looking for?

 

Can you provide a weblink to information on stewardship? You need to determine what kind of entity your employer is, I am still vague on that and wthout a written contract it's hard to know. Who is on your payslips?

 

The only info I can find is this, which suggest she'd be a recipient of charity funds, not a charity herself.

 

http://www.stewardship.org.uk/receive-funds/eligibility

[clarion48]

Thanks for all the replies.

 

 

Emmzzi......I appreciate people's help but I am not sure why your entire focus is on the charity aspect rather than the fact that I might lose my job and where I stand.....so I think I have answered as much as I can and do not see any further mileage in continually going backwards and forwards with this.

 

 

I will wait and see what happens and then see where I need to go for advice. Thanks to all.

[becky2585]

My only concern would be what your employment status is - you have to be an employee to claim unfair dismissal. It sounds like you're lacking the mutuality of obligation element, though - which would point more towards worker status.

 

Either way you're entitled to receive at least the national minimum wage (unless you're self employed) - it would probably be more helpful for you to speak to a lawyer!

[Emmzzi]

My other focus is finding out what your preferred outcome is, which you haven't answered. They sound like a terrible employer, so I don't know if you want to keep your job and be treated better, or leave with maxium amount of money, etc.

 

The probability of either outcome is affected by who your actual employer is. Organisation end to have more rsources to help than individuals. So the employer name on your payslip, matters!

[ericsbrother]

you dont need a written contract for a contract to exist but you should have received something in the way of terms and conditions of service etc. Not to provide them is an offence.

As Emmzzi asks, do you really want all of this trouble for such a a small and begrudged return? I would be looking at going somewhere else but personally would go out with a bang and demad to know why no employemnt conditionas after a month there, why you are being paid less then the minimum wage aand also enquire about your registration with the DWP and HMRC ans an employee so things like p60's would be needed each year are you getting them? If not them dob in to DWP, Charities Commission etc.

You obviously have transferrable skills, take them to someone who appreciates them (and you )