• Welcome to the LegalBeagles Consumer and Legal Forum.
    Please Register to get the most out of the forum. Registration is free and only needs a username and email address.
    REGISTER
    Please do not post your full name, reference numbers or any identifiable details on the forum.
  • If you need direct help with your employment issue you can contact us at admin@legalbeaglesgroup.com for further assistance. This will give you access to “off-forum” support on a one-to- one basis from an experienced employment law expert for which we would welcome that you make a donation to help towards their time spent assisting on your matter. You can do this by clicking on the donate button in the box below.

Safety Concerns/No Contract of Employment

Collapse
Loading...
X
  • Filter
  • Time
  • Show
Clear All
new posts

  • Safety Concerns/No Contract of Employment

    Hello All

    I will attempt to keep my query very brief - I would really appreciate any input!

    So, after working in a very corporate environment, I decided to work in the Social Care sector, as a Support Worker in a small private firm that provides a semi-independent residential placement for young people. I started in November 2014. Essentially, we take in looked-after children - kids that are under a certain section of the Children Act, and the responsibility of the London boroughs where they are from - removed from the family home.

    Although I had plenty of corporate experience, I had zero experience working with challenging young people - but was very enthusiastic to do whatever training was necessary.

    In my 'offer', I was told that although I would be working 'full time', I would officially be self-employed - I would submit a time-sheet at the start of every month with my hours calculated, and the money would be placed right into my bank account. Every week, myself and other staff members received a rota with the shifts - the unit is 24 hour staffed 7 days a week, so there are day, evening and night shifts.

    I signed a health declaration form, but apart from that, there was no other official document I was asked to sign. I was given some training material which was dated to 2009 which covered various health and safety, confidentiality agreements etc - but I did not sign to complete any training, and there is no staff training records kept.

    I was quickly promoted to Unit Manager, from Feb 1st 2015, and I negotiated to become a salaried 'employee' - so no longer 'self-employed'. Despite repeated requests, I have not been provided with a Contract of Employment. I was given a Job Description which is very generic and have been told to 'ok that first'. Despite saying I agreed to it, no contract has been forthcoming.

    I have become concerned at a lack of support in a very challenging environment, where there are daily threats to me from the young people as Unit Manager - the guy who has to say 'no'! Many shifts have only one person on unit, so there is no possibility for breaks in an 8 hour shift or longer. There are no First Aid kits on unit, no CCTV in the staff office, and various health and safety issues that have been raised and not been fixed.

    At this stage, the lack of support and training, I feel, is impacting on the young people I am trying to support. My boss is working on a separate placement so is on unit infrequently. When I do hear from her, it is usually in the form of negative feedback. This coupled with the stress of working with 16-18 year old challenging people has resulted in my desire to leave the company.

    So - questions!

    1. How much notice do I need to provide if I have not been given any Contract of Employment?
    2. Is the business operating illegally by having staff on a rota, although stating they are self-employed?
    3. Can I immediately leave my job due to concerns for my safety?
    4. Can I immediately leave my job at the uncertainty of not having a Contract of Employment?

    If you need further information, please let me know - thanks so much for reading!

    Anon
    Tags: None

  • #2
    Re: Safety Concerns/No Contract of Employment

    Hi [MENTION=68564]anon1[/MENTION] - welcome to the forum.

    I'm using my phone so I won't be as detailed as I would be normally.

    Firstly I would question the validity of your self-employment. I suspect this an attempt by your employer to avoid incurring PAYE costs. HMRC would take a very dim view of this and an ET would likely find you were in fact an employee. Similarly for any of your colleagues who are currently 'self-employed'.

    Secondly, your contract of employment exists even though you don't have it in writing. You should have been given a written statement of employment particulars detailing your salary, hours, location of work etc. If you haven't had this you should make a formal request to your employer.

    Unless you have been given information to the contrary you should give your employer one week's notice.

    In theory you could resign and claim constructive dismissal, citing a breach of the implied duty to take reasonable care of employees by providing a safe working environment and safe working practices. This is in addition to a breach of health and safety legislation, which [MENTION=19071]teaboy2[/MENTION][/MENTION] can probably better advise on.

    However, I would consider raising a grievance to resolve the issues before resigning.

    - Matt
    Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

    Comment


    • #3
      Re: Safety Concerns/No Contract of Employment

      Reformatted as Matt's phone is having fun.


      Hi @anon1 - welcome to the forum.

      I'm using my phone so I won't be as detailed as I would be normally.

      Firstly I would question the validity of your self-employment. I suspect this an attempt by your employer to avoid incurring PAYE costs. HMRC would take a very dim view of this and an ET would likely find you were in fact an employee. Similarly for any of your colleagues who are currently 'self-employed'.

      Secondly, your contract of employment exists even though you don't have it in writing. You should have been given a written statement of employment particulars detailing your salary, hours, location of work etc. If you haven't had this you should make a formal request to your employer

      Unless you have been given information to the contrary you should give your employer one week's notice.

      In theory you could resign and claim constructive dismissal, citing a breach of the implied duty to take reasonable care of employees by providing a safe working environment and safe working practices. This is in addition to a breach of health and safety legislation, which @teaboy2 can probably better advise on.

      However, I would consider raising a grievance to resolve the issues before resigning.[

      Matt

      Comment


      • #4
        Re: Safety Concerns/No Contract of Employment

        Thank you [MENTION=48096]paulajayne[/MENTION]

        I managed to edit it and remove the nonsense.

        - Matt
        Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

        Comment


        • #5
          Re: Safety Concerns/No Contract of Employment

          Hi Matt, Paula - thanks so much for your reply and advice.

          In terms of raising a grievance - is there a formal process for this?

          Comment


          • #6
            Re: Safety Concerns/No Contract of Employment

            Hi [MENTION=68564]anon1[/MENTION] - ideally the procedure would be detailed in your contract or written terms, or in an emoloyee handbook.

            You can simply write a letter to your employer detailing your issues.

            ACAS does have guidance on this but as I'm on my phone perhaps someone else will post a link to this.

            - Matt
            Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

            Comment


            • #7
              Re: Safety Concerns/No Contract of Employment

              http://www.acas.org.uk/grievances ?? not massively helpful - I think CAB might be more what Matt was thinking of https://www.citizensadvice.org.uk/wo...vance-at-work/
              #staysafestayhome

              Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

              Received a Court Claim? Read >>>>> First Steps

              Comment


              • #8
                Re: Safety Concerns/No Contract of Employment

                Thanks [MENTION=6]Amethyst[/MENTION] - I was thinking ACAS but I didn't realise how unhelpful it was - I should have.

                - Matt
                Disclaimer: I am not a qualified solicitor. Nothing provided herein should be used as a substitute for professional legal advice. As legal advice must be tailored to the specific circumstances of each case, and laws are constantly changing, you should seek professional legal advice before acting upon any opinion, advice or information provided herein.

                Comment


                • #9
                  Re: Safety Concerns/No Contract of Employment

                  It seems to be becoming more and more unhelpful. Sadly.
                  #staysafestayhome

                  Any support I provide is offered without liability, if you are unsure please seek professional legal guidance.

                  Received a Court Claim? Read >>>>> First Steps

                  Comment


                  • #10
                    Re: Safety Concerns/No Contract of Employment

                    Hi Anon,

                    I'm sorry not to be able to give employment advice, or to answer your questions, but am posting to entreat you to report your employers at the highest level. They are clearly not providing a satisfactory service to the young people in their care, where staff training, safety and support is a primary need.

                    The employer ("service provider") should be reported to the Care Quality Commission

                    www.cqc.org.uk/

                    and also to the CEOs of the Local Authorities that commission (fund) care for the young people. I would also inform Social Services of the situation.

                    It's possible that "blowing the whistle" in this way may have a positive influence on your own situation by the by - but primarily such inadequacies are a danger to all in that environment and a complete betrayal of the young people who need the care, let alone the taxpayer who funds it.

                    Good luck. x

                    Comment


                    • #11
                      Re: Safety Concerns/No Contract of Employment

                      I don't think this is a Care Quality Commission issue as I think they regulate adult services. Should be reported immediately to Ofsted. Was a DBS check done when you started?

                      Comment


                      • #12
                        Re: Safety Concerns/No Contract of Employment

                        Hi All - thanks so much for the advice. To clarify, it is a ltd company that i work for. We are under contracts from local authorities to look after their looked-after 16-19 year olds.

                        Yes, I did get an enhanced DBS when I started.

                        Comment


                        • #13
                          Re: Safety Concerns/No Contract of Employment

                          Hi All - would anyone be able to elaborate on the 'constructive dismissal' situation in regards to safe working practices?

                          Comment


                          • #14
                            Re: Safety Concerns/No Contract of Employment

                            Failure to provide adqueate safe working enviroments is a breach the employers contractual of Duty of Care, as well as health and safety. Basically you should never have been working on your own end off. So you need to report your concerns to Health and Safety Exceutive, Ofsted, Social Services, and the Local Authority that pays the employer to provide said care to the children, as ultimately the local authority is the legal carer of the children and the employer is likely in breach of the contract with the local authority as well.

                            A breach of duty of care is a serious breach of your contract as it puts your health and safety and/or welfare at risk, either directly or indirectly. And you can resign and claim for constructive dismissal. Though you first need to issue a formal grievance letter to the employer outlining your concerns and making it clear you deem them in breach of their contractual duty of care towards you to provide a safe and secure working conditions, and also mention your concerns for the wellbeing and care being given to the children as completely inadequate!

                            Also if you not able to take your breaks - Well the employer is in breach of the working time regulations as your entitled to 20mins per 6 hours - I know they are in the care sector, but they are a private limited company, and therefore the working time regulations apply!
                            Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

                            By using my advice in any form, you agreed to waive all rights to hold myself or any persons representing myself of any liability.

                            If you PM me, make sure to include a link to your thread as I don't give out advice in private. All PMs that are sent in missuse (including but not limited to phishing, spam) of the PM application and/or PMs that are threatening or abusive will be reported to the Site Team and if necessary to the police and/or relevant Authority.

                            I AM SO GOING TO GET BANNED BY CEL FOR POSTING terrible humour POSTS.

                            The Governess; 6th March 2012 GRRRRRR

                            Comment


                            • #15
                              Re: Safety Concerns/No Contract of Employment

                              Hi All

                              Thanks to everyone for your advice. To update...

                              My employer informed me that she was going to be changing my working hours, and I asked her to consult with me before she made any decisions. She did not, instead issuing a rota which gave me an evening shift tomorrow. Relations with my boss are very strained and we are not communicating effectively.

                              As mentioned previously i have never been given a Contract of Employment, or Written Statement despite several requests (I mentioned it in one email, but it was not a 'formal request. I have made several oral requests, though). I do have an email (dated 1st February 2015) that was sent by one of my other managers to all staff in the organisation, saying that my hours are Monday-Friday 9.00-17.00 and that i am not available outside of those. Since then I have not worked outside of those (except for staying after 17.00 on occasion).

                              I was sent a Person Specification for my role (19th March). In it, there are 'Essential' and 'Desirable' requirements for a host of areas. There is a section that states:

                              'Ability to occasionally work out of normal office hours and be on call'

                              This is listed as 'Essential'. Does this mean that they are not in breach by changing my working hours?

                              I would greatly appreciate any advice as I am trying to determine if I should do my evening shift tomorrow, or whether I should stand my ground, and potentially resign immediately with a view to going to an employment tribunal. All thr information in my first post is still also valid.

                              Thanks a million for any suggestions...

                              Comment

                              View our Terms and Conditions

                              LegalBeagles Group uses cookies to enhance your browsing experience and to create a secure and effective website. By using this website, you are consenting to such use.To find out more and learn how to manage cookies please read our Cookie and Privacy Policy.

                              If you would like to opt in, or out, of receiving news and marketing from LegalBeagles Group Ltd you can amend your settings at any time here.


                              If you would like to cancel your registration please Contact Us. We will delete your user details on request, however, any previously posted user content will remain on the site with your username removed and 'Guest' inserted.

                              Announcement

                              Collapse

                              Welcome to LegalBeagles


                              Donate with PayPal button

                              LegalBeagles is a free forum, founded in May 2007, providing legal guidance and support to consumers and SME's across a range of legal areas.

                              See more
                              See less

                              Court Claim ?

                              Guides and Letters
                              Loading...



                              Search and Compare fixed fee legal services and find a solicitor near you.

                              Find a Law Firm


                              Working...
                              X