No work = no pay?

[bluey2090]

I recently started working for a new company and leaving an old position. I applied for the job via a recruitment agency and was told that my position would be salaried and that I would have 20 days holiday per year along with a company pension.


However, it appears that I am actually on a zero hours contract and have not actually signed any contract since working for the company. I was told by my manager that the directors do not like to give out contracts until after 6 months (when 'the probation' period ends). He also indicated that I would not have any holiday entitlement or pay during this period, which I believe is illegal?

Today the network at the office was not working and I was sent home. I offered to work from home but was told that as the directors were unable to 'monitor' me I wasn't allowed to work from home as they wouldn't know how much to pay me. Therefore it appears that unless I am actually in work they seem to think that I am not entitled to be paid.


When I accepted the job I informed my manager that I have pre-existing holidays booked and that I would be not be in work for a week. Based upon what I was told today it seems that I will not be paid for the time I am on holiday either. My understanding was that this would be a salaried position and that I was not going to be paid by the hour. Also, if the company are unable to provide work for me then why should I be punished by not being paid? This sounds more like a zero hours contract to me.


I was also informed by the recruitment company I wuld have a private penison, which in turn turned out to not be true. I am, however, aware that the company does not need to provide this yet though. However, I would not have taken the job if I had realised this to be the case though.


There also seems to be monitoring of staff by CCTV and I have been informed that they plan to install software onto employee's computers to watch what they are doing at work at all times. I am not sure if this is illegal or not, but no impact assessment has been done and it is a very uncomfortable working environment.


I was wondering if you could advise me on my rights in this situation please? I do not understand how they can not pay me just because they can't provide me with work. If the internet was broken for a week this would therefore mean I would not be paid for a week.

Thanks a lot

[FlamingParrot]

Re: No work = no pay?

I recently started working for a new company and leaving an old position. I applied for the job via a recruitment agency and was told that my position would be salaried and that I would have 20 days holiday per year along with a company pension.

How were you told all this? In writing? Did you get a job offer letter?

However, it appears that I am actually on a zero hours contract and have not actually signed any contract since working for the company. I was told by my manager that the directors do not like to give out contracts until after 6 months (when 'the probation' period ends).

It is customary for contracts to include a 3 or 6 month probationary period, that's no reason not to issue a contract.

Are you still working through the agency, i.e. on what's known as a 'temp-to-perm' basis? Some companies 'hire' people on those basis, i.e. after the initial six months, if they are satisfied with your work then they offer you a permanent contract, which is different from having one from the start with a probationary period set out in the contract.

He also indicated that I would not have any holiday entitlement or pay during this period, which I believe is illegal?

You should have holiday entitlement, the only possible exception would be if you were still working as a 'temp' on an hourly rate and you'd agreed with the agency that the hourly rate quoted was inclusive of holiday pay. This is often the case with short-term and ad-hoc work when it wouldn't be practical to take actual holidays.

Today the network at the office was not working and I was sent home. I offered to work from home but was told that as the directors were unable to 'monitor' me I wasn't allowed to work from home as they wouldn't know how much to pay me. Therefore it appears that unless I am actually in work they seem to think that I am not entitled to be paid.

That could be the case if you were still a 'temp' on an hourly rate.

There also seems to be monitoring of staff by CCTV and I have been informed that they plan to install software onto employee's computers to watch what they are doing at work at all times. I am not sure if this is illegal or not, but no impact assessment has been done and it is a very uncomfortable working environment.

I had occasion to look into this last year and, sadly, the response I got was that employers ARE allowed to monitor staff by the means you describe, even without their knowledge. :mad2: :mad2:

See below from the ICO:

If the computer is a company computer, the employer may monitor the activity on the computer without making an employee aware that they are doing so.

The reason for this is because principle 1 of the Data Protection Act 1998 (DPA) provides that personal information should be processed in a manner which would come within the reasonable expectations of an individual. As such, it is generally accepted that, when using company equipment, any information processed on that equipment, may be accessed by an employer.

For further information in relation to principle 1, please visit our website at the following link:

http://ico.org.uk/for_organisations/...de/principle_1

I hope this information is helpful to you. If you would like to discuss this matter further please contact me on my direct number 01625 545291, or alternatively you can contact our Helpline on 0303 123 1113. In addition, more information about the Information Commissioner’s Office and the legislation we oversee is available on our website at www.ico.org.uk.

[bluey2090]

Re: No work = no pay?

Thank you so much for your response. I will answer each of your points below.

1. I asked the recruiter if there was a pension via email and she said yes there is a pension. I also have it in writing from my current employer about the pay, holidays etc, this was described as an offer letter by the recruiter.

2. I am aware about probationary periods and have worked them before. However, I have always been issued a contract before. At the moment I have no contract and nothing in writing about my pay, holiday etc. I am not working through the agency and the position was never described as temp and I have it in writing I would be on a salary.

Basically, there has never been anything to suggest that I am a temp or paid by the hour.

What would you suggest my next move should be?

Thanks ever so much.

[matt3942]

Re: No work = no pay?

Hi [MENTION=67793]bluey2090[/MENTION]

The first thing we need to establish is your employment status. Your contract of employment was created automatically when you accepted the employer's offer of employment - this does not need to be in writing. You should receive a written statement of employment particulars within the first two months of employment. This will detail (among other things) your normal hours of work, rate and frequency of pay, and annual leave entitlement. If you don't receive this after two months you should make a formal written request to your employer to receive it.

The only things I can say for certain is that regardless of your employment status you are entitled to be paid for the hours worked, and you will start to accrue annual leave from your first day of work.

- Matt

[bluey2090]

Re: No work = no pay?

Hi [MENTION=67793]bluey2090[/MENTION]

The first thing we need to establish is your employment status. Your contract of employment was created automatically when you accepted the employer's offer of employment - this does not need to be in writing. You should receive a written statement of employment particulars within the first two months of employment. This will detail (among other things) your normal hours of work, rate and frequency of pay, and annual leave entitlement. If you don't receive this after two months you should make a formal written request to your employer to receive it.

The only things I can say for certain is that regardless of your employment status you are entitled to be paid for the hours worked, and you will start to accrue annual leave from your first day of work.

- Matt

Hi Matt

Thanks for your reply.

Do you know if I am entitled to be paid for holiday if I will have only been working at the company for several months? If i and they don't pay me what can I realistically do?

As far as I am aware I am employed pernamently and full time.

Thanks

[matt3942]

Re: No work = no pay?

Hi [MENTION=67793]bluey2090[/MENTION] - for the moment I'm just going to focus on whether or not you are legally entitled to be paid for a pre-booked holiday.

In short, I would say no.

You are legally entitled to 5.6 weeks' paid holiday per year regardless of your length of service - this is a statutory right. For a full time worker (working 5 days per week) this equates to 28 days' paid holiday per year (i.e. 5.6 x 5). However, your employer is allowed to operate an accrual system during your first year (to minimise their risk), which means you will accrue 1/12th of your holiday entitlement each month. If your holiday entitlement is 28 days per year you will accrue 2.5 days' holiday per month (i.e. 28/12 = 2.33 rounded up to 2.5). This means you will need to have been employed for two months to accrue 1 week's holiday.

In addition, although you have the right to take paid holidays, you don't necessarily have the right to choose when you take them - your employer is allowed to tell you when to take your paid holidays. For this reason they are not obligated to honour your pre-booked holiday. As it seems they have a policy of no paid holidays for the first 6 months, I suspect the offer of unpaid leave is a compromise of sorts.

That's probably not the reply you were hoping for but that's my take on the matter based on the information you've provided.

- Matt