No contact, unfair treatment, unclear duties - what are my rights?emplyed 4y+

[tiense]

Dear all,
I hope you are all sound and well.
i have a general one million questions, after a heated day/period at work.
I don't think I'm too objective.

1. I have no written contract, or clarified responsibilities
2. I receive regular weekly wages for 40 hours a week 9-6pm. 1h unpaid break
3. I work there 4 years now.
4. I am the most senior employee, who has the major knowledge and best relations with owned 9 businesses managers (not sure if it is relevant)
5. I'm responsible for payroll(300+staff), billing and credit control 155 care home clients accounts. I'm responsible for leadership and staff morale... How ironic.
6. I have been recently asked to move on to solely operations and hand over my payroll and billing duties.
7. My employers wife called herself operations director, and became my boss from one day to another. She has no experience or knowledge of the business.
8. Company started employing foreign employees in our head office for minimum pay. One of them taking over my duties.



questions.
1. (Starting from most recent, and reason of my post) I have been told " don't leave until bills (produced manually for 40 clients) are sent, it has to be done today"
I started at 8am, had 30min break left at 21:45.
Was I legally forced to do so? What if I said no? How would you behave in such situation?
if I'm to discuss this matter with my supervisor (bosses wife) how is best to do so?


2. Can I request written contract and set responsibilities?
3. How to approach ego propelled supervisor?
4. How to avoid being used? I know it is complaining (I am sorry) but I do: payroll, billing, procurement, training, advertising, supporting managers (morale, structure, micromanagement, administration) - and anything else required. I do everything to my best ability and own tasks A-Z even if I have to work at home, reply e-mails, calls over weekends. I do so because I love my colleagues and clients not because I am ordered to.
5. If they decide to sack me. What procedure and time would they have to follow ?


hope I made some sense.
thank you in advance for ANY help (and moral support:0 )

[teaboy2]

Re: No contact, unfair treatment, unclear duties - what are my rights?emplyed 4y+

Dear all,
I hope you are all sound and well.
i have a general one million questions, after a heated day/period at work.
I don't think I'm too objective.

1. I have no written contract, or clarified responsibilities
2. I receive regular weekly wages for 40 hours a week 9-6pm. 1h unpaid break
3. I work there 4 years now.
4. I am the most senior employee, who has the major knowledge and best relations with owned 9 businesses managers (not sure if it is relevant)
5. I'm responsible for payroll(300+staff), billing and credit control 155 care home clients accounts. I'm responsible for leadership and staff morale... How ironic.
6. I have been recently asked to move on to solely operations and hand over my payroll and billing duties.
7. My employers wife called herself operations director, and became my boss from one day to another. She has no experience or knowledge of the business.
8. Company started employing foreign employees in our head office for minimum pay. One of them taking over my duties.



questions.
1. (Starting from most recent, and reason of my post) I have been told " don't leave until bills (produced manually for 40 clients) are sent, it has to be done today"
I started at 8am, had 30min break left at 21:45.
Was I legally forced to do so? What if I said no? How would you behave in such situation?
if I'm to discuss this matter with my supervisor (bosses wife) how is best to do so?

No you were not legally required to stay beyond 6pm even if the work requested of you was not completed. It was unreasonable for them to request you stay and finished the work, especially if you had to do it on your own. From a legal stand point they can only make reasonable requests of you to work over your contracted hours such as 1 hour at a time over your contracted hours. Which with or without a contract is 9am-6pm since you have been working those hours week in week out for 4 years, making your hours and duties you fulfilled terms of your employment contract via customary practice, which also means they can not take or change your duties willy nilly without your signed consent - Doing so is a breach of contract. So going back to what would have happened if you had said no? Well legally you would have been within your rights to say no and if they had taken any disciplinary action against you or treated you less favourably as a result they'd have been in breach of the law. In fact they already are in breach of the law, as section 1 of the employment rights act 1996 makes clear that the employer most give an employee a copy of their written statement of particulars (Contract) within 2 months of the employee starting employment.


2. Can I request written contract and set responsibilities?

Yes as per what i put above, you need to request a copy and point out that a written statement of particulars should have been given to you within 2 months of your starting your employment as per section 1 of the employment rights act 1996 - However at the same time state that as you were never given one and have been carrying out list of duties included below (list duties you have been responsible for over last 4 years) then said duties are your contractual duties as a result of customary practice and therefore the company may not change said duties (or any terms of your employment) without your signed consent/agreement. To do so would amount to a breach of contract.

3. How to approach ego propelled supervisor? Issue formal Grievance - Weather they follow the acas code of practice of grievance and disciplinary remains to be seen, but they'll be in hot water if they don't! Same if any action is taken against you to your detriment as a result of issuing said grievance.

4. How to avoid being used? I know it is complaining (I am sorry) but I do: payroll, billing, procurement, training, advertising, supporting managers (morale, structure, micromanagement, administration) - and anything else required. I do everything to my best ability and own tasks A-Z even if I have to work at home, reply e-mails, calls over weekends. I do so because I love my colleagues and clients not because I am ordered to.

Negotiate with them what duties your happy with keeping and what duties you do not want in your letter requesting your written copy of your contract. And stop working from home, your not contractually obliged to do so, nor are you paid to do so either. You have a live outside of work, so bloody live it and enjoy your free time with your family and friends instead of being a slave to your employer. And just me the clients don't give a shit, their only happy because they are getting what they want, but at same time they will be just as happy if they had to wait till the next working day.

5. If they decide to sack me. What procedure and time would they have to follow ?

Sack you for what? They can't sack you unless your have committed an act that would leave you open to facing dismissal. If they did sack you for enforcing your rights, which is what your doing here. That be unfair dismissal even if they did follow the correct disciplinary procedures as set out in the acas code of conduct of grievances and disciplinary procedures


hope I made some sense.
thank you in advance for ANY help (and moral support:0 )

See above in red.

Were you paid for the extra hours you work that you mentioned above?

[tiense]

Re: No contact, unfair treatment, unclear duties - what are my rights?emplyed 4y+

Teaboy! You are truly amazing! Thank you, you gave me courage and confidence. I can not thank you enough for what you done for me. My gratitude and appreciation is way more than words.

This morning, my supervisor came in and asked how I am as if nothing happened. She then pushed hard and said she is unhappy it was not done as she wanted it. ( She requested all records to be done on SAGE last night, software I never used).
No excuses here, I overdone what I said next..
I told her, that she behaved totally inappropriate, unprofessional and that she could at least have the decency to discuss with me! Whether I can stay overtime or not, rather than order me via my subordinate. She then said she done a lot of overtime in her last job and nobody questioned it. And said she has not done anything wrong. I replied, she is not supposed to order things to be done. That I am not a kid after primary school but a person with two masters and past 4 years I never pretended to work, but always gave my best. She then apologized. We seem to have a better communication and understanding after this morning exchange.

No overtime pay has been mentioned. I don't know what I could expect / ask for??
Done 13.5 hours working day yesterday. No clue how I survived this Wednesday, I think lack of rest and the heat gave me some odd strength.


A lot of our managers do hours and hours of unpaid overtime, as they are highly devoted to their roles and care for their settings as their own.
I can't express enough how I value them, don't think I could be luckier here. They are best of the best. We achieved SO much together. Sure you had/have people like this around you. Priceless.


Thank you again.

[teaboy2]

Re: No contact, unfair treatment, unclear duties - what are my rights?emplyed 4y+

Teaboy! You are truly amazing! Thank you, you gave me courage and confidence. I can not thank you enough for what you done for me. My gratitude and appreciation is way more than words.

This morning, my supervisor came in and asked how I am as if nothing happened. She then pushed hard and said she is unhappy it was not done as she wanted it. ( She requested all records to be done on SAGE last night, software I never used).
No excuses here, I overdone what I said next..
I told her, that she behaved totally inappropriate, unprofessional and that she could at least have the decency to discuss with me! Whether I can stay overtime or not, rather than order me via my subordinate. She then said she done a lot of overtime in her last job and nobody questioned it. And said she has not done anything wrong. I replied, she is not supposed to order things to be done. That I am not a kid after primary school but a person with two masters and past 4 years I never pretended to work, but always gave my best. She then apologized. We seem to have a better communication and understanding after this morning exchange.

No overtime pay has been mentioned. I don't know what I could expect / ask for??
Done 13.5 hours working day yesterday. No clue how I survived this Wednesday, I think lack of rest and the heat gave me some odd strength.


A lot of our managers do hours and hours of unpaid overtime, as they are highly devoted to their roles and care for their settings as their own.
I can't express enough how I value them, don't think I could be luckier here. They are best of the best. We achieved SO much together. Sure you had/have people like this around you. Priceless.


Thank you again.

Your more than welcome, and well done for standing up for yourself.

As for pay for over time hours. Well as they are in addition to your 40hr contracts hours you should be paid a minimum of your normal rate for every hour you have worked over your standard contract 40hrs per week. And yes it can be backdated to cover all extra hours you have worked since you started. If they say your on a salary, tell them sorry no written contract means your on standard hourly rate as there's no written term stating otherwise.

Now what is your hourly rate? because since you haven't been paid for extra hours you worked in addition to the 40hrs your contracted to work,when working out whether your pay is in line with national minimum wage, its possible you have not been paid national minimum wage (6.50 per hour) as a result of the extra hours you worked unpaid.

For example hourly rate is 6.50 your contracted to 40hrs (total weekly wage is £260 before tax) yet you worked 40hrs but also 5 hours unpaid, meaning you worked 45hrs in total. 260 divided by 45 = £5.78 per hour which is less than national minimum wage of £6.50 per hour if your 21 and over.

https://www.gov.uk/national-minimum-wage-rates

[tiense]

Re: No contact, unfair treatment, unclear duties - what are my rights?emplyed 4y+

Thank you for your time and expertise again.
I have calculated pennies, thinking it's not worth the time or effort.

I was told numerous times I'm on salary, and made my payslips so. I'm on £9.25 p/hour. I'm proud to be 32 haha

Done 13.5 hours day , less 1 hour unpaid break = 4.5 hours extra
370/44.5=8.31


but if I do, 8 hours x 9.25 = 74
12.5 hours x 6.5= 81.25
£7.25


I never been problematic. I don't want to penalise company director for others incompetency. Especially after years of achievements. Don't want to let it go either, as it's a matter of respect and general code. Don't want to leave either. Although all my managers keep asking what I am still doing there.

I believe I have 3 choices.
1. Request contract, bring confusion and undermining my position as a reliable employee( we all know how it comes across in employers mind)
2. Leave
3. Ignore the matter

it's never easy. But I think healthiest is to think about myself in the long run.

[teaboy2]

Re: No contact, unfair treatment, unclear duties - what are my rights?emplyed 4y+

Personally go with option 1 - whether you request your pay being backdated is up to you and to be honest probably isnt important to you. Whereas having a contract and written terms of your pay, hours and duties are, along with terms regarding other benefits such as holiday entitlement and company sick pay scheme and additional bonuses etc are important to you. Since that was your original reason for seeking advice. Though make sure you negotiate the terms bout your duties. And don't work so many hours overtime or from home in future.