Law to have a contract?

SkidMarkKing · 25 Jan 2014 at 14:08

Ive been in this job 6 months now and still have no contract. I havn't been paid holidays either (had 2 weeks off). Ive asked the boss twice now and he says "I will sort one out for you mate".

Is it the law to have a contract after you have been working somewhere for over 6 weeks as you are no longer a temp after this time period.

When working in the cheapy shop before this job I also had to sign on due to the very low hours.

Thanks

Slobbo · 25 Jan 2014 at 14:11

You do have a contract, just not a written one.

You're entitled to 5.6 weeks statutory holiday pay.

the_r_sole · 25 Jan 2014 at 14:11

did you get any written job offer stating the terms etc?
Seems a bit iffy to have been working for 6 months without confirmation of what you are contracted to do

Caged · 25 Jan 2014 at 14:14

I'd also be concerned that if they are that lax about confirming you are working for them in writing that they might also not be making the necessary PAYE/NI contributions, storing up a world of hurt down the line.

SkidMarkKing · 25 Jan 2014 at 14:14

the_r_sole said:
did you get any written job offer stating the terms etc?
Seems a bit iffy to have been working for 6 months without confirmation of what you are contracted to do

Nah. He contacted me through facebook as I know his brother.

I worked in a rubbish pound store for 3 years ish while I was at college so when I got a job offer working in IT and jumped at it. I get more hours. 4/5 days a week just no contract.

I think my best bet is to look for another IT related job asap.

I pay NI/TAX. I get pay slips at the end of each month. Just no written contract.

Indigo · 25 Jan 2014 at 14:17

I'm guessing you've still not been paid for these two weeks off then?

If so then I'd be speaking to someone and making sure that you get what your entitled too. Bring it up with him first and other than that take it further. Either to his manager or the owner, if he is either/both of those then I'd be looking to report him if he's breaking the law.

SkidMarkKing · 25 Jan 2014 at 14:19

IndigoGorilla said:
I'm guessing you've still not been paid for these two weeks off then?

If so then I'd be speaking to someone and making sure that you get what your entitled too. Bring it up with him first and other than that take it further. Either to his manager or the owner, if he is either/both of those then I'd be looking to report him if he's breaking the law.

Yeah hes the boss. Theres been quite a few days where I have worked through my dinner as well because he refused to shut the shop while he does his call outs.

Indigo · 25 Jan 2014 at 14:22

You need to speak to him then regarding the holiday pay and the contract otherwise take it further.

I'm unsure as to who to report him too however.

SkidMarkKing · 25 Jan 2014 at 14:27

IndigoGorilla said:
You need to speak to him then regarding the holiday pay and the contract otherwise take it further.

I'm unsure as to who to report him too however.

I think at the end of the day he knows I need a job and feel privileged to be working in IT eventually.

Will do. I have a week off soon so ile see if he pays me.

We came to an agreement that I would do 2 set days a week minimum but I usually do more. He asks me at around 4/5pm the day before. I don't turn the overtime down though.

the_r_sole · 25 Jan 2014 at 14:34

you have to make sure he is paying your tax/ni etc or it might come back to bite you rather than him

SkidMarkKing · 25 Jan 2014 at 14:36

the_r_sole said:
you have to make sure he is paying your tax/ni etc or it might come back to bite you rather than him

Well he emails me my payslip which I save.

CREATIVE!11 · 25 Jan 2014 at 14:37

sounds little dodgey just make sure you document everything.

SkidMarkKing · 25 Jan 2014 at 14:38

CREATIVE!11 said:
sounds little dodgey just make sure you document everything.

Well he's just opened a shop so I think he doesn't want to commit himself hence the no contract. I do pay tax/NI so it shows on my wages slip anyway

Need a new job anyway because I'm expected to run the place when he's not there for minimum wage as well.

the_r_sole · 25 Jan 2014 at 14:39

cool, that's good if any problems in the future, and as you are formally an employee you are entitled to holiday pay
http://www.adviceguide.org.uk/england/work_e/work_rights_at_work_e/basic_rights_at_work.htm

didn't mean to sound like a dick there - posted in response to you getting payslips!

Caged · 25 Jan 2014 at 14:46

He can still make your position redundant if business goes down the pan, even you have a (written) contract. There's really no excuse to not have one.

Make · 25 Jan 2014 at 15:14

I have a 0-hour job for a year now with no contract. I get paper payslips, I pay my NI/Tax, and it's quite a big company. I also g et holiday pay.

I think it's quite common.

SkidMarkKing · 25 Jan 2014 at 15:30

Make said:
I have a 0-hour job for a year now with no contract. I get paper payslips, I pay my NI/Tax, and it's quite a big company. I also g et holiday pay.

I think it's quite common.

I wouldn't mind if I got holiday pay I suppose.

Rich1988 · 25 Jan 2014 at 15:47

Remember youll only be entitled to accrued holiday as well, works out as 2.3 days a month you are owed.

kingy666 · 25 Jan 2014 at 16:22

Rich1988 said:
Remember youll only be entitled to accrued holiday as well, works out as 2.3 days a month you are owed.

Isn't that only if you work full time? I am sure if you work part time you will get less days holiday.

[TW]Sponge · 25 Jan 2014 at 16:39

kingy666 said:
Isn't that only if you work full time? I am sure if you work part time you will get less days holiday.

There is a girl who works with me who only works 20 hours per week and gets the same holiday entitlement as I do.