Employers won't give a Written Statement of Employment

[little_rabbit]

Hi everyone. Hoping someone can give me guidance on this, as I'm not quite sure what to do.

I started a new part-time job at the end of October '13 and have not been given a proper work contract. I asked my employers for a Written Statement of Employment and was told that because I am just a "casual worker" that I'm not entitled to one (I'm not a casual worker in any sense and even have an email from them saying they are hiring me for a permanent part-time position). I have verbally asked them and also put it in an email with a link to the .gov website which explains everything, but to no avail.

They are notoriously sketchy about putting ANYTHING in writing, lest they be held accountable in any way. There's an employee there currently who's been there 2 years and they still do not have a contract or WSE.

I know they're breaking the law. What can I do?

Many thanks in advance for any help or advice you can give me.

[ostell]

Re: Employers won't give a Written Statement of Employment

Just to really rattle the employers cage ask about holiday pay and how much time.

Just been through this for the sister in law. She has a part time job and she was told she was not entitled to holiday pay because she had not been in that employment for a year. Some of the other employees had been there for 5 years and never had paid holidays. All sorted now.

[little_rabbit]

Re: Employers won't give a Written Statement of Employment

Just to really rattle the employers cage ask about holiday pay and how much time.

Just been through this for the sister in law. She has a part time job and she was told she was not entitled to holiday pay because she had not been in that employment for a year. Some of the other employees had been there for 5 years and never had paid holidays. All sorted now.

How was it sorted, may I ask?

[charitynjw]

Re: Employers won't give a Written Statement of Employment

Hi little_rabbit,

Generally, if you are an employee, your employer must provide you with a statement of employment particulars within 2 months of commencing work.

To check your employment status, see https://www.gov.uk/employment-status/employee

& for rules re employment particulars, see https://www.gov.uk/employment-contra...nt-particulars

[ostell]

Re: Employers won't give a Written Statement of Employment

How was it sorted, may I ask?

Holiday pay calculated as per regs and paid. Concept of a holiday year being introduced to keep track. All employees now being paid holiday pay for the required number of days.

[little_rabbit]

Re: Employers won't give a Written Statement of Employment

Here's an update...

My employer refused yet again to give me one after I emailed (again) requesting one the other day, so I consulted ACAS and they told me I have more than enough to make a claim in an Employment Tribunal (along with one or two other things that they are doing that are illegal), as it is a complete breach of my Statutory Right to be given one.

Really confused as to what to do now, as I have approached my employers with this matter three times now and have been rejected (both in writing and also verbally) each time. Is it even worth it taking it to an ET or do I just quit?

[ostell]

Re: Employers won't give a Written Statement of Employment

Find the relevant sections of the regulations on the net, print them off and give them to your employer

[little_rabbit]

Re: Employers won't give a Written Statement of Employment

Find the relevant sections of the regulations on the net, print them off and give them to your employer

Yep, I've done that - twice. They still refuse.

[CleverClogs]

Re: Employers won't give a Written Statement of Employment

My employer refused yet again to give me one

msl: