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Today my dad went into work only to be told, you have no work this week, he is a plumbing and heating engineer and relations with his employer have been frayed for a number of years. My dad was told to go home today. The job he was doing last week that still needs finishing has been given to another employee.
My first question is, his contract is for 40 hours p/w, but it does say in the contract if there is no work and he has to go home he will not be paid.
Is this legal?
My dad is thinking of just calling it a day. I believe he may have cause for Constructive dismissal. Here's a view of the things that have happened over the past few years, mostly on a regular basis.
Owner of business constantly making snide remarks about my dad.
Constantly turns up for work only to be told there is none, this happens at least once every 2 weeks, my dad never receives payment for the days he does not work. This includes days like today, he could have been on a job for 2 days, and the employer takes him off for no reason and puts someone else on.
Is constantly taken off jobs and told to go to local company to unblock toilets, then return to previous job, he could be anything upto 60 miles away from the blocked toilets, whilst other plumbers are closer.
The employer paid for all employees to go on a required course, the fee was £600,without this course the heating engineers, by law, cannot touch gas equipment, all employees but my dad were sent on the course, my dad has been a heating engineer for 40 years. My dad has since, without the employers knowledge done the course at his own expense.
The majority of problems started around 2004. For about 7/8 years my dad had been working for the employer on a contractor/self employed basis. In late 2003 HMRC ruled that my dad was an employee and charged the employer 2 years worth of employers National Insurance contributions, a total of £5000.
From the 1st Januart 2004 my dad was made an employee of the company because of this.
The employer tried to encourage my dad to pay half the bill, and when he rightly refused, the employer became funny with him.
My dad is hoping that the employer may make him redundant, but when it comes to working out his redundancy how many years willhe be entitled to.The employer has stated that he has been employed there for 2 years, but if HMRC have ruled that he was an employee for at least 2 years and forced the employer to pay the NI contributions for those yeras, would he be able to claim an extra 2 years redundancy?
As stated my dad really does not want to go back. Would he be able to write to the employer and request he is made redundant? Would he still be able to go for constructive dismissal in this case? Would he be able to claim the 2 years on top of his service as discussed above?
Below is a copy of his employment contract.
My first question is, his contract is for 40 hours p/w, but it does say in the contract if there is no work and he has to go home he will not be paid.
Is this legal?
My dad is thinking of just calling it a day. I believe he may have cause for Constructive dismissal. Here's a view of the things that have happened over the past few years, mostly on a regular basis.
Owner of business constantly making snide remarks about my dad.
Constantly turns up for work only to be told there is none, this happens at least once every 2 weeks, my dad never receives payment for the days he does not work. This includes days like today, he could have been on a job for 2 days, and the employer takes him off for no reason and puts someone else on.
Is constantly taken off jobs and told to go to local company to unblock toilets, then return to previous job, he could be anything upto 60 miles away from the blocked toilets, whilst other plumbers are closer.
The employer paid for all employees to go on a required course, the fee was £600,without this course the heating engineers, by law, cannot touch gas equipment, all employees but my dad were sent on the course, my dad has been a heating engineer for 40 years. My dad has since, without the employers knowledge done the course at his own expense.
The majority of problems started around 2004. For about 7/8 years my dad had been working for the employer on a contractor/self employed basis. In late 2003 HMRC ruled that my dad was an employee and charged the employer 2 years worth of employers National Insurance contributions, a total of £5000.
From the 1st Januart 2004 my dad was made an employee of the company because of this.
The employer tried to encourage my dad to pay half the bill, and when he rightly refused, the employer became funny with him.
My dad is hoping that the employer may make him redundant, but when it comes to working out his redundancy how many years willhe be entitled to.The employer has stated that he has been employed there for 2 years, but if HMRC have ruled that he was an employee for at least 2 years and forced the employer to pay the NI contributions for those yeras, would he be able to claim an extra 2 years redundancy?
As stated my dad really does not want to go back. Would he be able to write to the employer and request he is made redundant? Would he still be able to go for constructive dismissal in this case? Would he be able to claim the 2 years on top of his service as discussed above?
Below is a copy of his employment contract.
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