not sure

[brian1967]

Hi not sure if this is the right place but i have just been told i left my job!!!!!.....I hurt my back quite badly 5 weeks ago and immediately informed my employer as i have in the past if i have been of work unwell, i went back to work the manager told the area manager i have just left the company, i have never previously had to have a sick note as i do not have a contract, earn, holidays, or sick pay i have just had to inform them i went back to work tonight to be told i am no longer on their rota is this wrong?

[teaboy2]

Re: not sure

I think you will find that yes you did have a contract as any verbal offer of work is an employment contract and their failure to provide you a written contract is a Breach of the employment rights act, so is non payment of holiday pay and non payment of sick pay. I would issue a grievance informing the same area manager of the above and the reason why you are off work, plus get a sick note from your doctor and have it back dated if possible to when you injury first occured. Though the doctor may not beable to back date it, so instead get your GP to write a letter confirming you injury and date it happened and send it along with your grievance letter.

Have you worked for them for more then a year? Need to know this for the event you need to take it to tribunal.

[charitynjw]

Re: not sure

It would also be useful if you could indicate your employment status (ie are you self-employed, did your employer pay your tax/NI etc?)

[strangewayofsavin]

Re: not sure

Did you enter your injury in the Accident book WITHIN 28 DAYS OF THE INJURY?

[QCKate]

Re: not sure

Hi not sure if this is the right place but i have just been told i left my job!!!!!.....I hurt my back quite badly 5 weeks ago and immediately informed my employer as i have in the past if i have been of work unwell, i went back to work the manager told the area manager i have just left the company, i have never previously had to have a sick note as i do not have a contract, earn, holidays, or sick pay i have just had to inform them i went back to work tonight to be told i am no longer on their rota is this wrong?

The most important question Brian are 1. were you employed or self employed. you must be one or the other and sounds like you were employed even if you didnt have a written contract, but thats the employers fault. 2. were you employed for 12 months or more. 3 Have they put your dismissal in writing?

If you were emplyed for at least 12 months you will be able to take them to an Industrial Tribunal at least for unfair dismissal. You've only got 3 months from dismissal to put in your claim. You can get advice free advice from ACAS (google them) but I would first of all go to your local Citizens Advice Bureau.

Don't delay things though!


QCK

[brian1967]

Re: not sure

thanks guys i was employed for 11 months 3 weeks by dominoes as a driver my accident was at my main place of work (asda) who have been fine, dominoes i drive for three nights a week or did
they never ever gave me a contract and told me i was not entitled to holidays or sick pay the original manager was deported then this other guy took over and problems started not just with me with the whole shop i phoned the area manager he said he will not give me a written contract, the guy did not even know the previous manager and assistant manager were illegal immigrants so how can i expect any support from him if he doesn't even know his managers

[teaboy2]

Re: not sure

You need to address a grievance letter to the HR department then.

when you say 11 months 3 weeks - is that upto the date of your injury? or date you went back to be told you had no job? as its the date you were told you had no job that is relevant here.

[postggj]

Re: not sure

11 months 3 weeks employed

now put holiday entitlement on top of that which by statute legislation would be 28 days minimum

you now have full employment rights

what about a statutory notice period as well

seems you have a valid claim with an employment tribunal
------------------------------- merged -------------------------------

Did you enter your injury in the Accident book WITHIN 28 DAYS OF THE INJURY?

has to be done within 24 hours of the accident or 48 hours on the weekend

the accident book is now defunk as its all done electronic reporting, the hse monitor incase it becomes a riddor

its a legal requirement on employeers

[Caspar]

Re: not sure

I would agree with Teaboy that you need to address a grievance to the HR Department.

I assume you were paid a fixed sum and then x amount per delivery. How were you paid, what hours were you employed for and if you don't mind sharing it, what was your fixed sum rate of pay?

[CleverClogs]

Re: not sure

Hi not sure if this is the right place but i have just been told i left my job!!!!!.....I hurt my back quite badly 5 weeks ago

Was the injury sustained at work?

[brian1967]

Re: not sure

my injury wasn't at dominoes it was at my main place of work and was noted in the accident book i was told i had been removed from the rota when i returned to dominoes....I was paid minimum wage and £1 per delivery petrol allowance and any tips my hourly rate was paid direct into my bank......... don't want to sound dumb here HR DEPT?

[charitynjw]

Re: not sure

my injury wasn't at dominoes it was at my main place of work and was noted in the accident book i was told i had been removed from the rota when i returned to dominoes....I was paid minimum wage and £1 per delivery petrol allowance and any tips my hourly rate was paid direct into my bank......... don't want to sound dumb here HR DEPT?

HR = Human Resources (used to be called Personnel Dept.)

[Caspar]

Re: not sure

OK, that's good they paid minimum wage at Dominoes. The reason I asked was that quite a lot of the take away places pay a fixed sum which equates to less than the minimum wage, but is made up by the number of deliveries and tips etc...

Also, in quite a few places it is paid cash in hand in which case they would clearly be on the wrong side of the law on a couple of accounts. Not the case though!

Like it or not though, they do still have a contract with you, and you have rights under that contract. The fact money was paid into your bank is good as they cannot deny you worked for them, so they cannot deny there was a contract.

[charitynjw]

Re: not sure

You should submit a grievance asap - usually the procedure is given on the employee website; if not, contact your area/head office HR.

Although it is not essential for an Employment Tribunal claim, the Tribunal will take it into consideration (usually adversely) should you not do so.

Also, do you want your delivery job back?