Employent law????

[dave_20]

right guys i need to pick your brains.....

 

Just been on the phone to my boss and basically hes told me im getting my notice given to me tomorrow.

 

hes saying that my work is not upto standard even though im only an electricians mate which means i should have a time served spark with me at all times

the other things hes saying is that because its poor workmanship he dosent have to pay me my week in hand something else that makes it a bit more complicated is ive only got a verbal contract not a written one so ive got no way of proving that the date i started and that ive worked a week in hand

 

anyone got any advice of where i stand or anything?? oh ive worked there about 10 months

 

dave

[sidrick]

A verbal contact isn't worth the paper it's written on. Isn't that what they say?

[Stu]

You don't really stand anywhere without a proper contract... if he confirms you do work for him then you are at least protected by the laws of employment, however the terms of payment etc. are down to you and him.. he can withhold payment if your work is substandard and you'd have to go to court to get it back...

 

Ask him to detail the problems so you can offer to fix them?

[louise]

if you have not got a written contract you dont have a leg to stand on!

 

as for him telling you over the phone that your getting your notice tomorrow is just cruel. If you an electricians mate, do you have a registared sparky with you at all times? if not has this been noted by yourself and others?

 

i would get on to citazens advice to see 100% where you stand!

 

good luck!!

[dave_20]

ive worded it wrong at the top it was one of the lads i work with rang me and told me that ive been given my notice so i rang my boss to find out and he had. its half and half really with the registered spark and Im going to ring citizen advice tomorrow

 

cheers for the comment back

[louise]

so he could even tell you to your face!!

 

one word for him COWARD!!

[sidrick]

What's the best that could come of this?

 

I'd buck up my ideas, and put this down to experience. make sure you get it on paper for your next job.

[Apnea]

As you don't have a writen contract, I assume you probably dont pay tax aswell... Oh dear.

 

A verbal contact isn't worth the paper it's written on. Isn't that what they say?

 

 

That one is a future classic

 

 

<3

[dave_20]

as far as i know im paying tax and national insurance it gets stopped out of my wages and get a payslip every week

[ganges]

TRY ACCASS OR CITS ADVISE YOU DONT ASK YOU DONT GET??????

[**caz**]

if your gettin payslips does that not show when your first pay was and detail how many hours you have been paid for so you can prove the date you started...have u got nothing on paper...a letter offering you the job maybe?

 

x

[Gage]

Hi dude,

 

I have done loads of employement law courses for work. You have more on your side than you think.

 

A few questions to start with

 

How long have you been working for this guy?

Do you get paid into a bank account?

If you have pay slips, do they have a tax code on them?

Has your work been under standard? More importantly has standards been set? and training to get to these standards?

 

Alright!

 

A few things you maay want to know, a verbal contract is legally binding if no written contract has not been offered after 3 months. Of course this is only useful if you have been getting paid into a bank to prove it!

 

You need to check to make sure you are paying tax, if your not, your both breaking the law. Hence I wouldn't take it further or you'll both be in Shite tbh.

 

The bit about pay is tricky, he cannot take money off you for work that isn't up to standard, unless he can prove he has given you the right training to get it to the standard needed AND that he has had to get it redone COSTING HIM money.

 

The Employment Rights Act 1996 saya that it is illegal to withold wages except in certain circumstances - and none of the ones they have cited apply. Tell them that unless they make full payment for the time you worked, you intend to apply for the payment through an Employment Tribunal. The cost of defending a Tribunal claim will be a lot more than they owe you so they will probably pay up. You could also suggest that the Inland Revenue etc will be interested in their refusal to pay - as an employee you should have paid tax and NI - and your employer is legally obliged to pay that money to them for the period that you worked, however short it may have been. Give them a deadline to pay - you might as well make it 28 days, then you have complied with the requirements to apply to an Employment Tribunal.

 

ONE THING I WILL SAY IS THAT NORMALLY THESE THINGS HAPPEN BECAUSE PEOPLE DONT FIGHT BACK AND JUST EXCEPT IT...........DONT!!!!! EMPLOYMENT LAW IS THERE TO PROTECT THE EMPLOYEE NOT THE EMPLOYER (AS AN EMPLOYER I KNOW HOW CAREFUL YOU HAVE TO BE) TAKING YOUR BOSS TO A TRIBUNAL WILL COST HIM MORE THAN JUST PAYING UP, ITS NOT WORTH HIS TIME TO DO IT. IF HE HAS ANY BRAINS HE WILL JUST PAY UP.

 

If you need any more advice dude, just let me know, I have most of my law stuff here.

[woolly1971]

Ok, im sure gage knows wot he's talkin about, sounds good to me, i will add, how long you been with ur current (no pun intended) employer? did he offer you a written contract? does your employer work to iso9001/2000? have u had a P60 during your current employ? when you started did you get a letter of them offering you employment? i can try and get u some free legal advise if u pm me, not a no win no fee etc, genuine employment law advise. NOTE TO ALL WHEN YOU GET YOUR P60 KEEP IT!!! YOU MIGHT GET A PAYSLIP EVERY MONTH/WEEK THIS IS NOT PROOF YOU HAVE PAID TAX AND NI! YOUR P60 IS BETTER AMMO IN DISPUTE QUESTIONS AND I THINK YOU HAVE A LEGAL OBLIGATION TO KEEP IT FOR A COUPLE OF YEARS, MY GRAN WAS DONE OUT OF HER PENSION COS THE GUY SHE WORKED FOR TOOK HER STAMP AND NEVER PAID IT IN, BY THE TIME SHE FOUND OUT HE WAS LONG GONE. YOUR EMPLOYER HAS A LEGAL OBLIGATION TO HOLD YOUR P11D INFORMATION FOR A LONG TIME, LONGER IF WORKIN TO ISO, LIKE I SAID PM ME AND I WILL TALK TO MY LAWYERS FOR YOU.

[sidrick]

What's with the caps-fest?

[dave_20]

ive worked there coming up on 11 months now. i dont get paid into my bank account i get a cheque every friday which is aload of poo

 

yea theres a tax code on all my pay slips. With being an electricians mate that means im constantly in training till im qualified long story short i have done something that goes against the regulations that we need to keep to but that was under supervision and instruction from a time served electrician im not trying to pass the blame or nothing and i knew what i was doing was wrong but you feel a t*at telling someone whos ment to be fully qualified how to do their job.

 

as for the p60 ive been getting them every april/ march.

ive might have the 1st payslip ill look for that this weekend. i never got a letter off him offering me the job

 

i had a meeting on thursday with him and he ranted and raved this was infront of the other 7 lads tryed to make a fool out of me by saying im on £300 a week and getting all this on site training and he didnt like it when i answered back and todl him i wasnt on £300 a week and he told us he didnt want any of us working for him anymore as he dosent trust us. then he had a meeting with the contract mananger and said he will let us know whats going to happen in the next 2 hours. 2 hours passed and he phoned one of the lads and told us to carry on as normal and we all still have our jobs but tbh i dont believe him going to wait and see what happens but im applying for jobs left right and centre. hes done this with other lads before and waited till the friday to tell them they dont have a job to go to on monday morning.

 

cheers for the comments guys