lay offs

[martin50]

I am employed by a maintenance company on a 40 hour week. Ihave worked there since October 2008. Since January this year work has beenvery slow and I have not been getting a full 40 hrs.
I do not have a contract but believe working a 40 hr week forms a contractand if unpaid lay-offs aren't allowed under youremployment contract, you should get full pay during a lay-off. With me havingno contract then I presume lay-offs are not allowed?

I presume I am right in classing myself as laid off asopposed to short time?
For the past 6 weeks it has got worse and some days I haveonly worked the equivalent of 1 day.
I have only been getting paid for the hours worked so tomake up my wage I have been using my holiday entitlement, but have now used allmy holidays which is worrying as I have a family holiday booked in 4 weekstime!
I have to phone my boss each morning to ask if there is anywork, recently it goes to voicemail then I am lucky if I get a call back bylunchtime, only to be told ‘nothing doing at moment’. I even phone the maincompany we do work for to ask for work!!
We have a workshop where I am employed and I was wonderingif it would be within my rights to go there each morning and sit and wait forany work which may come along and at the end of the day fill my time sheet inwith ‘sat in workshop waiting for work 8 hours’.
It is now affecting some of the other employees (we all havea different role, plumber, electrician, joiner etc) but one labourer is stillgetting a 7 day week!
I would appreciate any advice.

[miliitant]

Re: lay offs

morning

first question

how are you paid a salary and do you receive a wage slip

by the way

you do have a contract of employment, its the law

[martin50]

Re: lay offs

Hi Militant
I am paid weekly and do receive a wage slip (although we never get the slip till weeks later, when he sends them out to us, normally every 2 months or so)
I do not have a contract

[miliitant]

Re: lay offs

you do have a contract, even if implied
the employer by law has to give you a statement of terms (employee hand book) within 60 days of starting work

if you are laid off for more than six weeks in a 13 week period or four consecutive weeks then you are able to claim redundancy pay

you are either a "worker" (self employed,contract, self employed) or "employee"

an employee is someone who receives a wage slip etc and has worked average hours over a 13 week period

before we carry on, tell me more about your job description and if linked to a bigger chain,company


DO YOU GET HOLIDAY/SICK PAY

[martin50]

Re: lay offs

I am an electrician with a maintenance firm with 10 employees, the guy also runs another firm with around 8 employees who do the same type of work as us. These lads tend to get most of the jobs and one lad in particular (labourer) is still working 7 days. Myself and one guy from the same company as me tend to be the ones who are laid off, he also rings to see if any work and most of the time its a no so he stays at home too. He is in same position as me, mortgage and bills to pay and so has used all his holiday entitlement too.

[miliitant]

Re: lay offs

this is important

do you get paid holidays,sick pay. statutory sick pay

is tax and national insurance deducted at source

[martin50]

Re: lay offs

Hi I get 20 days paid holidays plus bank holidays, and statutory sick pay. Tax and NI is deducted at source

[miliitant]

Re: lay offs

you are an employee

what have you been classing yourself as

self employed for example

why do you not consider yourself an employee

the statutory minimum holiday entitlement for a 40 hour week is 28 days paid leave which can include bank holidays

do you get paid for the bank holidays or do you work them

how many hours do you work normally a week

[martin50]

Re: lay offs

Hi I do class myself as an employee. I do get paid for bank holidays I don't work them. My normal working hours are 40 but for the past few weeks its ranged from 3 to 15 hrs.

[miliitant]

Re: lay offs

you are correct in your assumption that you are classed as laid off

with reference to your contract of employment, you are classed as a full time employee as you have been working since 2008 so custom and practice kicks inn

if you work some of the week then you are classed as short time working but that must include at least one full day off (lay off)

i take it your employer provides tools and equipment to allow you to do your job ?

where do you wish to take this now ??

it will mean doing an informal chat with your boss and if he does not play ball, a grievance

[martin50]

Re: lay offs

Thanks Militant, before i go and have a chat I just wanted to make sure I had the right facts. Should he by law still be paying me if laid off If he refuses to pay me which I think he will, what do I do, I think he will just make it uncomfortable for me to work there, from history I know he won't make people redundant as he doesnt like to pay redundancy money. He made it so bad for 1 employee a year back that this employee took him to a tribunal, but he got some of the other guys to stand in court and say the lad was a trouble maker and was not pulling his weight at work, the poor lad lost the case!

[miliitant]

Re: lay offs

the key is your employment contract, by law you have to be given one, even if it is just an employees hand book which must show implied and express terms

Put your address here
Put the date here

Put the name and address of your employer here


Dear (name of employer),

I understand that the law says that within two months of starting work I should be given a written statement of my main terms and conditions of employment. I have not yet received this, and I would be grateful if you could let me have one as soon as possible.

Yours sincerely,

Sign your name

Put your name in capital letters

(Remember to keep a copy of your letter)

If your employer still refuses to give you a written statement you may go to an Employment Tribunal. The Tribunal can order that you are given a written statement, and decide what it should contain by taking account of what your boss told you about your job, and what rights other employees at your work have.


if at a tribunal the judge decides your case has merit then no costs are involved and is decided at a pre case hearing anyway where the judge will advise

[martin50]

Re: lay offs

Great, thanks

[miliitant]

Re: lay offs

i am here to help on this

i am a trade union branch official and i hate employers taking advantage of peoples ignorance

Statutory guarantee pay is the minimum you should be paid for any complete day you are laid-off work. To get statutory guarantee pay you must:

• have been employed continuously for at least one month (this includes part-time workers)
• reasonably make sure you are available for work
• not refuse any reasonable alternative work, including work that is not in your contract
• not have been laid-off because of industrial action
  
  
  
  the employer is looking at unlawful deduction of wages as well
  
  let me know the response to that letter

[martin50]

Re: lay offs

I will, many thanks much appreciated!