Possible illegal issues at work

[Miss ash]

Hi all, I'm not really sure where to begin but I just need some advise on my workplace. I am a hairdresser and have been working for my current employer for 2 years now. From the get go my employer has never handed me a contract or even discussed one. So I do not have a contract and this is why I'm not really sure what rights I have. There are a lot of issues at work I have that seem
very unfair but I'm not sure I can do anything because of the no contract thing. My biggest issue happened a week ago when I took my holiday. I am still currently on holiday I took 2 weeks off.
my problem is that the last day I was at work before taking my holiday my boss asked me to come in to work on the Saturday I was meant to be taking as holiday as he is short staffed. I told him that I am away and won't be able to come in. He then got extremely miserable with me and started to ignore my texts etc. I asked him if I could come in a get my wages for the week just gone and again it took him 3 days to get back to me. I previously asked him if I could have my holiday pay also and he has told me he won't give me my holiday pay untill the very end of every 3rd month starting from January. So for the current holiday I am taking I won't be paid for until the end of September and so on. This is what I am confused about. His rules are we can choose to take holiday what ever month of the year but will only get 1 week holiday pay every 3rd month. Is this normal? Can he continue to make these rules up as he goes? As I do not have a contract I really don't understand. And because of this I will not be getting paid until I've gone back to work and completed a full week (week in hand) so I am very behind on my bills all because I took 2 weeks holiday. It will be 3 weeks with no pay. Any advise would be great.
Thanks.

[des8]

Re: Possible illegal issues at work

Hi and Welcome.
Briefly, to put your mind at rest until some of our employment experts arrive, you do have a contract of employment even if not written down.
In fact your employer is breaching regulations by not supplying written terms within two months of your start.

I am also sure your employer's rules about holiday pay are his own invention, but others will be along soon to tell you how to go about getting what is due on time.
There will be lots of help here.

[Johnboy007]

Re: Possible illegal issues at work

Hi,
First you say you have worked for him for two years.
Can you be more specific?
Is it almost two years or over two years?
Do you get a wage slip showing your earnings?
Have you asked your employer for a contract of employment, setting down the terms and conditions?
If you work a week in hand, and your normal pay day is say, Friday.
Your employer must pay you on a Friday for the previous weeks work.
He is not allowed by law to withhold your pay.
Holiday pay should be given to you on the last day of work, before you go on holiday, if it is a week in hand contract.
Unless a contract states different.

Contracts of employment, Key points

• A contract of employment is an agreement between an employer and employee and is the basis of the employment relationship.
• Most employment contracts do not need to be in writing to be legally valid, but it is better if they are.
• A contract 'starts' as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer.
• Most employees are legally entitled to a Written Statement of the main terms and conditions of employment within two calendar months of starting work. This should include details of things like pay, holidays and working hours.
  

• An existing contract of employment can be varied only with the agreement of both parties.

Some people might assume that a contract of employment consists of only those things that are set out in writing between an employer and an employee. It's true that many of the main issues, such as pay and holidays, are usually agreed in writing.
But contracts are also made up of terms that have not been spelt out. This is either because they are:

• 
  too obvious to mention: for example, you would not expect a contract to say that 'an employee will not steal from an employer'
  necessary to make the contract work: for example, if you are employed as a driver it is assumed that you have a valid driving license
  custom and practice: some terms of a contract can become established over time.

It is best to put a contract in writing - it saves a lot of potential misunderstanding further down the line. In Acas' experience simple misunderstandings over what is or what is not in a contract are one of the main causes of employment tribunal claims.

Holidays

Annual leave entitlements should be agreed when an employee starts work, details of holidays and holiday pay should be found in the employee's written statement or contract of employment.
Key points

• Most workers are legally entitled to 5.6 weeks paid holiday per year (this is known as statutory entitlement).
• Part time worker are entitled to the same amount of holiday (pro rota) as full time colleagues.
• Employers can set the times when workers can take their leave - for example a Christmas shut down.
• If employment ends workers have the right to be paid for any leave due but not taken.
• There is no legal right to paid public holidays.

Once an employee starts work details of holidays and holiday pay entitlement should be found in the employee's written contract, where there is one, or a written statement of employment particulars given to employees by their employer.

Note: The written statement is required by law and must be given to employees by the employer no later than two months after the start of employment.

Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks of paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week of leave should allow workers to be away from work for a week - i.e. it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. However, for a worker who works 6 days a week the statutory entitlement is capped at 28 days. If they work a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shut down. If a worker's employment ends, they have a right to be paid for the leave due and not taken.
Public holidays

There is no legal right to paid leave for public holidays; any right to paid time off for these holidays depends on the terms of a worker's contract. Paid public holidays can be counted as part of the statutory 5.6 weeks of holiday.
Carrying leave over from one leave year to the next

Workers must take at least four weeks statutory leave, they may be able to carry over the remaining leave if their employer agrees. Workers do not have an automatic right to carry leave over to the next holiday year.

Now the most important issue.

Pay

Key points

• All employees are entitled to an individual written pay statement.
• Pay slips/statements must be given on or before the pay date.
• Fixed pay deductions must be shown with detailed amounts and reasons for the deductions - e.g. Tax and national insurance.
• Part time workers must get the same rate as full time workers.
• Most workers are entitled to be paid the National Minimum Wage.

Pay is one of the most important factors in our working life. It's a sensitive subject - the way it's handled can have a big impact on morale and productivity. The challenge for most companies is to set consistent pay levels that give value for money while rewarding workers fairly.
All employees are entitled to an individual written pay statement on or before the time they are paid. The statement must show gross pay and take-home pay, with amounts and reasons for all variable deductions.
Fixed deductions must also be shown, with detailed amounts and reasons. Alternatively, fixed deductions can be shown as a total sum, provided a written statement of these items is given to each employee in advance - or at the time of issue of the first pay statement showing the total sum. After this, a statement should be given at least once a year.
If there is a dispute relating to the itemised pay statement provisions, every effort should be made to resolve it in the workplace, with recourse to formal internal procedures if necessary. Only if the problem persists should it be referred to an employment tribunal. If the employment has come to an end, the reference must be made within three months of the end of the employment.
From 29th July 2013 all Employment Tribunals and Employment Appeal Tribunals will be liable to pay a fee or an application for fee remission. Further information is available from Ministry of Justice - Employment Tribunal guidance.

As you can see from the above statements, you employer is clearly breaking the law and could face court/tribunal action.

Please let us know the answer to the questions at the top of this post..

[Miss ash]

Re: Possible illegal issues at work

Hi,
First you say you have worked for him for two years.
Can you be more specific?
Is it almost two years or over two years?
Do you get a wage slip showing your earnings?
Have you asked your employer for a contract of employment, setting down the terms and conditions?
If you work a week in hand, and your normal pay day is say, Friday.
Your employer must pay you on a Friday for the previous weeks work.
He is not allowed by law to withhold your pay.
Holiday pay should be given to you on the last day of work, before you go on holiday, if it is a week in hand contract.
Unless a contract states different.

Contracts of employment, Key points

• A contract of employment is an agreement between an employer and employee and is the basis of the employment relationship.
• Most employment contracts do not need to be in writing to be legally valid, but it is better if they are.
• A contract 'starts' as soon as an offer of employment is accepted. Starting work proves that you accept the terms and conditions offered by the employer.
• Most employees are legally entitled to a Written Statement of the main terms and conditions of employment within two calendar months of starting work. This should include details of things like pay, holidays and working hours.
  

• An existing contract of employment can be varied only with the agreement of both parties.

Some people might assume that a contract of employment consists of only those things that are set out in writing between an employer and an employee. It's true that many of the main issues, such as pay and holidays, are usually agreed in writing.
But contracts are also made up of terms that have not been spelt out. This is either because they are:

• 
  too obvious to mention: for example, you would not expect a contract to say that 'an employee will not steal from an employer'
  necessary to make the contract work: for example, if you are employed as a driver it is assumed that you have a valid driving license
  custom and practice: some terms of a contract can become established over time.

It is best to put a contract in writing - it saves a lot of potential misunderstanding further down the line. In Acas' experience simple misunderstandings over what is or what is not in a contract are one of the main causes of employment tribunal claims.

Holidays

Annual leave entitlements should be agreed when an employee starts work, details of holidays and holiday pay should be found in the employee's written statement or contract of employment.
Key points

• Most workers are legally entitled to 5.6 weeks paid holiday per year (this is known as statutory entitlement).
• Part time worker are entitled to the same amount of holiday (pro rota) as full time colleagues.
• Employers can set the times when workers can take their leave - for example a Christmas shut down.
• If employment ends workers have the right to be paid for any leave due but not taken.
• There is no legal right to paid public holidays.

Once an employee starts work details of holidays and holiday pay entitlement should be found in the employee's written contract, where there is one, or a written statement of employment particulars given to employees by their employer.

Note: The written statement is required by law and must be given to employees by the employer no later than two months after the start of employment.

Most workers - whether part-time or full-time - are legally entitled to 5.6 weeks of paid annual leave. Additional annual leave may be agreed as part of a worker's contract. A week of leave should allow workers to be away from work for a week - i.e. it should be the same amount of time as the working week. If a worker does a five-day week, he or she is entitled to 28 days leave. However, for a worker who works 6 days a week the statutory entitlement is capped at 28 days. If they work a three-day week, the entitlement is 16.8 days leave. Employers can set the times that workers take their leave, for example for a Christmas shut down. If a worker's employment ends, they have a right to be paid for the leave due and not taken.
Public holidays

There is no legal right to paid leave for public holidays; any right to paid time off for these holidays depends on the terms of a worker's contract. Paid public holidays can be counted as part of the statutory 5.6 weeks of holiday.
Carrying leave over from one leave year to the next

Workers must take at least four weeks statutory leave, they may be able to carry over the remaining leave if their employer agrees. Workers do not have an automatic right to carry leave over to the next holiday year.

Now the most important issue.

Pay

Key points

• All employees are entitled to an individual written pay statement.
• Pay slips/statements must be given on or before the pay date.
• Fixed pay deductions must be shown with detailed amounts and reasons for the deductions - e.g. Tax and national insurance.
• Part time workers must get the same rate as full time workers.
• Most workers are entitled to be paid the National Minimum Wage.

Pay is one of the most important factors in our working life. It's a sensitive subject - the way it's handled can have a big impact on morale and productivity. The challenge for most companies is to set consistent pay levels that give value for money while rewarding workers fairly.
All employees are entitled to an individual written pay statement on or before the time they are paid. The statement must show gross pay and take-home pay, with amounts and reasons for all variable deductions.
Fixed deductions must also be shown, with detailed amounts and reasons. Alternatively, fixed deductions can be shown as a total sum, provided a written statement of these items is given to each employee in advance - or at the time of issue of the first pay statement showing the total sum. After this, a statement should be given at least once a year.
If there is a dispute relating to the itemised pay statement provisions, every effort should be made to resolve it in the workplace, with recourse to formal internal procedures if necessary. Only if the problem persists should it be referred to an employment tribunal. If the employment has come to an end, the reference must be made within three months of the end of the employment.
From 29th July 2013 all Employment Tribunals and Employment Appeal Tribunals will be liable to pay a fee or an application for fee remission. Further information is available from Ministry of Justice - Employment Tribunal guidance.

As you can see from the above statements, you employer is clearly breaking the law and could face court/tribunal action.

Please let us know the answer to the questions at the top of this post..

Thanks for the heads up, firstly yes I have worked there just over 2 years, and also get wage slips.
the only way he gets his point across to all us staff is by writing out silly letters and new rules and sticking them in the staff room. These are the other issues I mentioned earlier... For example not long ago 1 of my colleagues left her job because she wanted to take a 4 week Holliday (she has done this for the past 10 years that she has worked for him) and because he was understaffed at the time the day before she went on her holiday he had written up contract stating that if she takes the holiday she will be dismissed and basically just giving her a load of new rules to abide by out of the blue and just told her to sign it or not come back. If one of us does something that he doesn't like he will then write out a new rule and stick it in the staff room and expect us to all abide by it. After that girl left he wrote a letter to us all telling us we are not allowed to take holiday for longer than a 2 week period. If he doesn't like something a new rule goes up. It's like being back at school. It's got so ridiculous that I'm terrified to even ask for a holiday as he almost always asks us to come in during the holiday and expects a "yes boss" if we say no we get told off and we are told how unreliable and terrible we are. It's a lot of pressure for the sake of a holiday.
It is depressing me and a lot of the girls too.

[seduraed]

Re: Possible illegal issues at work

find another job if you can this one sounds lie a nightmare.

[Johnboy007]

Re: Possible illegal issues at work

Right Miss Ash,
First thing first.........
Depending on the job vacancies in your area, you really must stand up to this dictator.
So if there is a very good chance that you will get another job, if your employer turns funny, then here is what you must do.

Write a letter to your employer, thus

DATE;
Dear Mr (employers name),
Having worked for (name of company/shop) for over two years.
It appears you have not provided me with a written contract of employment, or a written statement of employment, as is my right under current legislation.
Could you therefore please supply me with either a written contract, or a written statement as a matter of urgency.
It should contain such things as, my hours of work, holiday entitlement and details of my pay.
Yours sincerely,

Your signature

(Print your name)

His silly posted notes have no legal standing as an employer cannot change terms and conditions of working without your permission.
He is a bloody dictator and wants taking down a peg or two.
If you look at my previous post #3, you will see your minimum holiday entitlement.
If a worker does a five-day week, he or she is entitled to 28 days leave. However, for a worker who works 6 days a week the statutory entitlement is capped at 28 days.
However the employer can set times when you should take your holidays.
This is a statutory ruling and your employer must abide by this, unless you agree otherwise.

Make sure you keep a copy of the letter.
You may need it for an employment tribunal if your employer dismisses you.

Here is an example of the sort of things your contract or statement should contain.
It is just an example, and some things may be omitted on the one you receive, or should receive.
Form HS-02

Example of a written statement

The following gives an example of a possible form of a written statement of main terms and conditions of employment under the Employment Rights Act 1996.
Written statement of employment particulars

1. You (Name of employee) ............................ began employment with (Name of employer) ............................ on (Date employment started)…………….
2. * Your previous employment with (Name of previous employer or employers) ............................ does count as part of your period of continuous employment which therefore began on (Date period of continuous employment commenced) …………...
or
2. * Your previous employment does not count as part of your period of continuous employment
*Select (a) or (b) as appropriate
3. a) You are employed as a (Job title) ............................
or
3. b) A brief description of the work for which you are employed (Brief work description)
............................

4. a) Your place of work is (Address of workplace)
............................

4. b) You are required/permitted* to work at the following places (Give details)
............................

*delete as appropriate
and the address of your employer is (Address of employer)
............................

5. Your pay will be (Particulars of scale or rate of remuneration, or of the method of calculating remuneration)
............................

6. You will be paid (Particulars of intervals at which remuneration is to be paid)
............................

7. Your hours of work are (Particulars – including details of any normal working hours)
............................

8. Your holiday entitlement is (Particulars – including entitlement to holiday pay and public holidays. You must give enough information to enable entitlements, including accrued holiday pay on termination, to be precisely calculated)
............................

9. a) In case of incapacity for work (Terms and conditions relating to sickness or injury and any provision for sick pay)
............................

or
9. b) Particulars of any terms and conditions relating to incapacity for work due to sickness or injury, including any provision for sick pay, can be found in (Refer to provisions of some other document which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way)
............................

10. a) Particulars of pensions and pension schemes are (Particulars)
............................

or
10. b) Particulars of terms and conditions relating to pensions and pension schemes, can be found in (Refer to provisions of some other document which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way)
............................

11. a) The amount of notice of termination of your employment you are entitled to receive is (Period of notice)
............................

The amount of notice you are required to give is (Period of notice)
............................

or
11. b) Particulars of the amount of notice of termination of your employment that you are entitled to receive and are required to give are contained in (Refer to relevant legislation or the provisions of any collective agreement directly affecting the terms and conditions of the employment, which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way)
............................

12. a) Your employment is permanent – subject to 11 above, to general rights of termination under the law and to the following (Details of any other rights of termination)
............................


or
12. b) Your employment contract is for a fixed term and expires on (Date)……………………..
or
12. c) Your employment is temporary and is expected to continue for (Period of likely duration) .............................
This should be used only as an indication of the likely duration.
13. The collective agreements which directly affect the terms and conditions of your employment are (Details identifying the relevant agreements and indicating, where the employer is not a party, the persons by whom they were made)
............................

14. * You are not expected to work outside the UK (for more than one month). Delete words in brackets if they are inappropriate.
or
14. * You will be required to work in (Details of work location outside the UK) ............................ for (Period of work outside UK, where more than one month) .............................
You will be paid in (Currency) ............................ and will be entitled to (Details of any additional remuneration payable to the employee, and any benefits to be provided, because he/she is required to work outside the UK) .............................
The terms relating to your return to the UK are (Details) .............................
*Select (a) or (b) as appropriate
15. a) The disciplinary rules which apply to you are (An explanation of the rules)
............................

or
15. b) The disciplinary rules which apply to you can be found in (Refer to provisions of some other document which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way)
............................

16. If you are dissatisfied with any disciplinary decision that affects you, you should apply in the first instance to: (Name of the person an employee application should be made to, or position held, e.g.: supervisor)
............................

17. You should make your application by (Explain how applications should be made)
............................

18. If you have a grievance about your employment you should apply in the first instance to (Name of the person an employee grievance should be raised with, or position held, e.g.: personnel officer)
............................

19. You should make your application by (Explain how grievances are to be raised)
............................

20. a) Subsequent steps in the firm’s disciplinary and grievance procedures are (An explanation of the steps)
............................

or
20. b) Subsequent steps in the firm’s disciplinary and grievance procedures are set out in (Refer to provisions of some other document which the employee has reasonable opportunities of reading in the course of his or her employment or which is made reasonably accessible to him or her in some other way)
............................

[enquirer]

Re: Possible illegal issues at work

Depending on the hours worked, it might also be wise to ask the Pension Service for a pension forecast, in order to see whether or not the employer has been paying the appropriate NI contributions.

[Johnboy007]

Re: Possible illegal issues at work

Very good point enquirer

[Miss ash]

Re: Possible illegal issues at work

Very good point enquirer

Hi, thank you all for the advise. I have managed to find a new job I am now terrified of handing in my notice to my current employer.. He has asked everyone so far for a month notice no less. My new job are telling me to give him only a weeks notice. I am more than happy to do this but I'm just so worried to what he is going to say/do and come up with a load of crap and reasons as to why I must give a month. Again do I have to give a months notice even without a written contract? Or can I offer a week legally he can't do anything about it? I'm so worried!!
thanks again for all your advice.

[des8]

Re: Possible illegal issues at work

Well done & congratulations on the new job

As you haven't been given any written terms of employment you only have to give a weeks notice. See here: https://www.gov.uk/handing-in-your-n...ng-leaving-job

He can shout and bluster all he wants, you can just walk away with a big smile on your face as you are now out of it.

[Johnboy007]

Re: Possible illegal issues at work

A weeks notice is all you are required to give.
Leaving this bloody tyrant is the best thing you can do.
Good luck in your new job...