Employment Contract Issues

[lebouche]

Contract issues 2 Minutes ago Hello,
Apologies for the long post. I'm giving all the relevent details to avoid you having to ask me further questions.

I started a new job which I love eight months ago. I was given a contract but didn't sign it as I wanted to query a few things and the contract they sent me had another employee's name on it. I also wanted to wait until my three month trial period was up.
Then just as my three month trial period was up my HR rep left and I had no one to talk to but the big boss which I didn't fancy as all my collegues said he was very difficult. They asked me to sign an opt out of overtime form when I started. I did but they told me they have lost it and I need to sign another.

Recently I have been working long hours, sometimes getting less than seven hours at home. This led me to ask my boss to reconsider not giving me any paid overtime. When I started it was explained that I would only get time in Lieu. I did verbally agree to this but wanted to ask them to reconsider and tell me how much I was expected to actually do. Upon raising this query my boss has now said I am not even to get time in lieu. My wage is structured as a basic and a bonus, I was told originally that this was just how they had to structure my pay to make it meet the amount I asked for as none of the other staff were on this wage. Now my boss says the bonus is for 18 hours per month overtime. Why is this then called a bonus??
I don't want to lose my job but would like to know if I have any bargaining power seeing as I haven't signed a contract and they don't have an opt out of overtime form.

Thank you if you have taken the time to read all of this!!

 

[arfurd]

Have a good read here:

http://www.adviceguide.org.uk/index/your_money/employment/basic_rights_at_work.htm

Anything above and beyond what you initially started/agreed to do regardless of if you have no contract, you need to agree with your boss. Then ask him to put it in writing so he can't go back on it.

If you do extra hours without agreeing it, then it's off your own back.

 

[lebouche]

Thank you. I just found an email saying the bonus related to productivity and delivery. Does anyone think that could be construed as overtime?
Thank you

 

[InBetweener]

Contract issues 2 Minutes ago ... I was given a contract but didn't sign it as I wanted to query a few things and the contract they sent me had another employee's name on it. I also wanted to wait until my three month trial period was up....quote]

Althought I understand why you didnt sign your contract, due to the errors, but why didnt you follow this up? I wouldnt work anywhere without resolving contract issues and having a signed contract, as this leaves you open to issues in terms of legality.

Good luck!!!!!!!

 

[lebouche]

Thanks for you reply. I kept getting distracted and was not so worried as I believed I was still protected by employment law despite not having a contract.

 

[playboy_bunnie]

Why not go in tomorrow, and say to the big boss, "oi, im not doing any more work until you sort this out" lol.

But really, you do need to pull your finger out and get this sorted, as inevitably something will go wrong and you won't be protected by a contract.

Clue yourself up on direct.gov.uk and Citizens Advice Bureau's websites.

 

[YourLaw.co]

I know you said at the start that your post was long to avoid the need for lots of questions but - guess what - there are loads of questions! I am not going to ask them all but I am going to point a few things out.

1. You do have a contract - a contract is not a pice of paper it is the deal that you are doing the work and they are paying you to do it. In employment there is a lot of 'stuff' that is in your contract because the law says that it has to be.

2. You don't, appear to, have a 'statement of main terms and conditions' (what you would think of as a contract) which the law requires your employer to give to you. If the only one that you were ever given has someone else's name on it then it is not yours!

3. If it came to it then the employer could argue that you did have a statement of main terms and conditions because it was the same as the one that you have with the wrong name on it.

4. The 'working time regulations' set maximums for periods that you can work for and minimums for breaks from work. It sounds as if they are not being observed.

5. The law says that you have to get a minimum wage per hour - it sounds like you may not be getting that.

6. The bad news is that you haven't been there a year so you can't resign and claim constructive dismissal.

On what you have said I would suggest that you WRITE (not talk) to your employer and ask for a contract that details your main terms and conditions. If you get that you can then see if any of the terms go beyond what the law allows and, in any event, you will know where you stand.

In the real world, you may be as well not to 'rock the boat' until you have been there for a whole year.