Verbal or Written contract

[stevefl26]

Hi looking for some advice,I work in the insurance sector for an independent broker. I have been working for this company for 5yrs. The company went into administration last year. The director. Then set up a new company last November and has his partner fronting the new company. Too date I have not received a verbal or written contract, I'm under the impression that as I'm working for a new company with a new director I do need this, is the company breaching any FSA or FCA rule?

[teaboy2]

Re: Verbal or Written contract

You should have been given a written statement (contract) within the first two months of employment, however it sounds like you may have been transfered under TUPE to the new company. Which means your contract with the previous company transfers to the new company. You need to have an informal chat with them about it and ask if your previous contract was transferred under TUPE or not. If it was not, then ask them for a written contract as they may have forgot! It you still get nowhere then come back to us and let us know.

If it was not transferred under TUPE then your entitled to redundancy pay from the previous company.

[wayney1]

Re: Verbal or Written contract

Yes good advice talk too your boss failing this you are within your rights to take this to an employment. Tribunal if you feel unconfortable doing this talk to Acas get support however a verbal contract is just as usefull in ln law aswell if your on a new probation trial bare in mind this does not stand in law when it comes to employment rights good luck

[wayney1]

Re: Verbal or Written contract

Now I have my own question after several years in transport I decided to go back to a career I had total ambition for which was supporting children with Autism and similar impairments within triad of impairments and sprectrum disorders
I returned to this role 3 weeks ago and I was distributed to various service users homes so I could familiarise myself to all involved in my new employers business and in 1 home I witnessed to my horrow a financially abused house where staff had no respect for the home the service users lived in it got to a point after 1 week I had to speak aloud despite the risk of losing my job
This property serviced three young teenagers with Autism they were fantastic kids and the staff were to busy feeding themselves from the foods the srrvice users budget paid for and other issues in relation to physical abuse ehich was when I became so discusted and nothing was being said
The second week I went to another property which I found to be and amazing team of support workers and clients that were happy every day activities to attend to ect the manager was great and I asked if I could work thier permanentl because the staff were great and a joyous home all round the 3rd week I went back to the original home full of abusers and it got me down how staff were so ignorant because I had my say to protect people by speaking up as they couldnt but.the the staff were the least my concern
During that week I heard from the manager of the other property told me I was going to join his team permanently on the 2 june iI was made up
Because he gave management a good rappore about my work
On the third week I was got into work and the manager was pissed off with me because he wanted me to stay with his abusing staff and I wanted to move I was told the manager wanted to see me when I got thier I was accused of abuse
He had actually set me up and his father was the company owner but them kids were worth more than their status
The manager had accused me of smoking on site whilst a service user was showering with a statement. He got a staff member to produce who was not man enough to ask me on the day I was working with him I thought how low can you get
Anyway I was acused of gross misconduct and terminate with no week in lieu under my service of 3 weeks
Now I am not going to leave it until the trueth is outed over the actuall abusers who got found out before they got rid of me it was so abused during the meeting no thought to fairness under employment law was even considered they were more worried about the 1 month service approaching me which protected me under employment law following this abuse of a dominant. Position I experienced
I want to know because I was accused of several intimidating issues surrounding victimisation which was ok for them to accuse me of being rude by contributing my voice during sn induction that they attended and acted in the same manner but they made me feel so small I felt intimidated but also thought I know what they are let them live with themselves guilty abusers
I will persue the matter as I have reported my facts to the appropriate department but is thier any law maybe civil route I could use to get justice ?
Cheers and sorry its a drag but better to be open init

[teaboy2]

Re: Verbal or Written contract

Have you reported the abuse to CQC (http://www.cqc.org.uk/) you should also explain CQC fully what you have stated here too basically tell them everything. And personally even though telling CQC is classed as a protected disclosure, and any dismissal resulting from telling CQC would be classed as automatic unfair dismissal, where 2 year qualifying period to tribunal is no longer required. Your best option is to find work for a more reputable care company! As by the sounds of things, this lot may well end up being shut down.