View Full Version : Work contract
I'm due to go off on my maternity leave next month...or earlier as they're trying to force me to go on it now due to having the last two days off :tard:
I've been told by my manager that when I come back (if I do) my hours will of been cut and I won't be needed as much as I am now as the other two girls that are on maternity leave now will be back by then.
According to places like Directgov they're not allowed to actually cut my hours without my permission and I should come back to the same sort of work i'm doing now or something similiar. Despite being there almost 7 months now and constantly nagging the manager to get one sorted...i'm still yet to have a contract. So do I have a leg to stand on when it comes to arguing about them changing my hours and job?
Legally you should have had a contract from day one
My managers a bit of an idiot. There was 3 of us that started on the same day and we've all been asking since day one for our contracts but "she's yet to get around to it" is the response I get everytime I ask.
Sounds like she's rather cleaver tbh, as your now in a position where you have no contract to refer to
By law your employer MUST give you a writen contract if asked for one, I don't have a writen contract and in my last job didn't have one either but that didn't stop me getting him to a tribuniral for changing my working conditions without notifcation or reason.
Once you do a job for a period of time it becomes working practice if that changes you have the right to raise a greivance ( sp ) this is the first step you must take if you don't there is no point continuing with a complaint.
If the grievence procudure is not in place at your work then ask your local CAB about it as it is there to help situations like your by making it a writen and legal complaint rather than having it swept under the carpet,
no contract doesn't mean no leg to stand on
Sounds like she's rather cleaver tbh, as your now in a position where you have no contract to refer to
We did realise the other day she has been rather clever as when we started she said it would only be doing roughly 10 hours a week and anything over that would be overtime. We generally work alot more then that a week and obviously as we don't have an official contract with our contracted hours on...she's been getting away with not paying us overtime.
By law your employer MUST give you a writen contract if asked for one, I don't have a writen contract and in my last job didn't have one either but that didn't stop me getting him to a tribuniral for changing my working conditions without notifcation or reason.
Once you do a job for a period of time it becomes working practice if that changes you have the right to raise a greivance ( sp ) this is the first step you must take if you don't there is no point continuing with a complaint.
If the grievence procudure is not in place at your work then ask your local CAB about it as it is there to help situations like your by making it a writen and legal complaint rather than having it swept under the carpet,
no contract doesn't mean no leg to stand on
Thankyou +rep :)
Very true Bazil, but in my contract it says that the company can change my shift pattern with 90 days notice, if you don't have a contract to refer to you don't know where you stand
Very true Bazil, but in my contract it says that the company can change my shift pattern with 90 days notice, if you don't have a contract to refer to you don't know where you stand
Thats what I was unsure about..obviously not having a contract I have no idea what their policies are on changing working hours. I always thought though that when pregnant your protected from them discriminating and trying to do stuff like that.
Hoochie
21-12-10, 12:38 PM
I always thought though that when pregnant your protected from them discriminating and trying to do stuff like that.
You should be.......when you leave to go on maternity leave you should be safe in the knowledge that when you return you will return to exactly the same job/hours as before.
Unfortunately i decided i didn't want to go back to work after having my kids.
You may feel the same way...:)
You should be.......when you leave to go on maternity leave you should be safe in the knowledge that when you return you will return to exactly the same job/hours as before.
Unfortunately i decided i didn't want to go back to work after having my kids.
You may feel the same way...:)
I'm planning to take time off until my maternity allowance stops but unsure what i'll do after that. I was hoping to go back because they were originally going to work it so that i'd work enough hours to cover childcare...but now they're on about shortening my hours even more it's looking doubtful I will go back.
at work here. i deal with all the new guys paper work.
and we dont a such give thema contract. we just let them know that your rights are as per the law etc and unless you have anything special (more holiday or something) then you dont need a contract.
we had a women who went on maternity leave (and didnt come back) and she was treated as if she was stil here etc.
i think from what your saying is that the company sounds abit dodgy in the way they have been working (not paying overtime etc), did you not query this on your first pay packet not your 7th (based on monthly pay)
a few questions - were you employeed as maternity cover?
and is it just you they are going to cut hours, or everyone/other people
at work here. i deal with all the new guys paper work.
and we dont a such give thema contract. we just let them know that your rights are as per the law etc and unless you have anything special (more holiday or something) then you dont need a contract.
we had a women who went on maternity leave (and didnt come back) and she was treated as if she was stil here etc.
i think from what your saying is that the company sounds abit dodgy in the way they have been working (not paying overtime etc), did you not query this on your first pay packet not your 7th (based on monthly pay)
It was queried and has been each month to no avail. My manager is shocking at how long she takes to get things done. She's had my matb1 certificate for 10 weeks now and has yet to sort it out for me despite me asking her every shift i'm in. As I hadn't been working there long enough prior to getting pregnant they won't pay me maternity leave which means I need to take my matb1 and a form from the company to the job centre to get it all sorted...and as baby is only 10 weeks away from being born it's all getting a bit of last minute thing.
If I just went to the head of the company I assume they would probably get things sorted for me alot quicker?
Hoochie
21-12-10, 12:57 PM
If I just went to the head of the company I assume they would probably get things sorted for me alot quicker?
If it were me i'd go above her( i don't care who's toes i step on)
Look after #1 Tanya, it's the only way to get things done..;)
If it were me i'd go above her( i don't care who's toes i step on)
Look after #1 Tanya, it's the only way to get things done..;)
After finding out that she'd been moaning about me having the last 2 days off despite it being on hospitals orders I don't care whos toes I step on anymore lol:thumb:
It was queried and has been each month to no avail. My manager is shocking at how long she takes to get things done. She's had my matb1 certificate for 10 weeks now and has yet to sort it out for me despite me asking her every shift i'm in. As I hadn't been working there long enough prior to getting pregnant they won't pay me maternity leave which means I need to take my matb1 and a form from the company to the job centre to get it all sorted...and as baby is only 10 weeks away from being born it's all getting a bit of last minute thing.
If I just went to the head of the company I assume they would probably get things sorted for me alot quicker?
im suprised you havent gone highr quicker.
a manager should always have time for people ad personal needs are a first IMO.
is it a well known company?
the sorting out your maternity thing, is just a pain in the bum, just get it sorted sooner rather the later lol.
and for me, at work, sorting out someones paper work is an hour job max. set up templates fill in names, done.
did you get the extra pay sorted? have they paid you the money...
im suprised you havent gone highr quicker.
a manager should always have time for people ad personal needs are a first IMO.
is it a well known company?
the sorting out your maternity thing, is just a pain in the bum, just get it sorted sooner rather the later lol.
and for me, at work, sorting out someones paper work is an hour job max. set up templates fill in names, done.
did you get the extra pay sorted? have they paid you the money...
I'm one of those silly people that is far to trusting and generally when someone says they'll do something me like an idiot believes them lol
A rather well known company...Clarks.
No as we were all told that as we don't actually have an official contract with stated contracted hours on...it didn't count. It's obviously quite hard to prove what someones said based on words alone.
lol its ok to be trusting the first few times, but after 7 months! lol.
and when we do it we always state the hours etc on headed paper.
im not sure what else you can do, i know sometimes in small branches it might feel harded to talk to someone higher. but try and talk to an area manager if possible.
my old boss's wife was working for barratt homes.. she became pregnant....
suddenly she got sacked for 'allegedly passing information to competitors', with immediate effect.....
the previous week i'd heard an item on the radio about barratt homes being done for discrimination & constructive dismissal & blatantly flouting the employment laws by sacking female employees when they got pregnant..... boss's wife got a written apology & £9000.......
basically, find time to speak to the citizens advice, and then should be able to point you at a solicitor who does free consults.. get the law from professionals....
If you ever have had holiday pay that should be your basic wage,
Take this bad weather, I have no writen contract, and no work due to weather.
My employer has to pay me 40 hours per week for sitting in the house or bring me into the yard to stand about all day for 8 hours, this is because my basic wage is 40 hours and they CAN NOT pay me less if I'm avalible to work.
So in your situation your basic should have been made clear at some point, in order to prove spoken word you would need another employee to confirm there wage structure is the same, or demand that writen contract within 5 working days if it states your basic hours and you have exceeded those you should be able to claim that back.
The problem with going down this route is you make yourself a target for management not to like you and could lead to problems down the line,
I'd suggest thinking clearly about whether to return to the same job or to change after teh bambino is born and in nursery.
Base your choice not on if you like your job but if the company can look after you and your wages and wellbeing in the workplace.
I did after my troubles and changed my job, it ment I hand to travel 90 miles a day but in the end it was worth it and I don't travel anymore :)
ta for the rep.
Very true Bazil, but in my contract it says that the company can change my shift pattern with 90 days notice, if you don't have a contract to refer to you don't know where you stand
very true edd but this is where an employee has to think for themself.
Let's say I get a call from my boss in the next 5 mins, he tells me that from tonight I'll be on constant nightshift till doomsday.
It's not the way to do it, I refuse then he sacks me, I would win a claim due to not being given any notice of a change to my working conditions, also he can't sack me for saying no
he should have asked me if I'm able to do it, given me time to decide and then tell him.
My last job ended badly, but the guys I spoke to that still work there a year on from I left told me that due to my actions they all now have written contracts, the proper health and saftey info on there specific jobs, risk assesments and method statements for there jobs, and the grievence procedure in place for all employees, all 30 of them.
All that happened because the boos thought that no contracts the employees couldn't touch him, he was very wrong.
basically, find time to speak to the citizens advice, and then should be able to point you at a solicitor who does free consults.. get the law from professionals....
very true, I also forgot about me being north of the border, some laws are different up here and that also extends to employment law in some cases.
Well i'm pleased to know that despite not having a contract I do have a leg to stand on if they start being even funnier with me.
I think my easiest option is just going to be going to the area manager. They've never liked the fact i'm pregnant at work as I was meant to cover one of the other girls that's going maternity leave a couple of weeks before me so I don't think they could like me any less lol
Thankyou for all the advice. I wasn't to sure where I stood not having a contract. I highly doubt after everything that's gone on there recently I will be going back after baby is born but I wanted to keep my options open.
Hoochie
21-12-10, 02:11 PM
Even if you don't go back to work there, at least try and get any money owed to you through "overtime", these little people are expensive to keep.
Good luck chick!...:thumb:
You have a contract by default, if your company dont supply one then you are covered by one the Govt apply for you. Its pretty basic but does the job
Even if you don't go back to work there, at least try and get any money owed to you through "overtime", these little people are expensive to keep.
Good luck chick!...:thumb:
After being told earlier that I have to be at work on Thursday NO MATTER what despite being on bed rest for potential labour...I don't see me going back realisticly lol.
I do plan to get any money owed though :thumb:
Thankyou .
You have a contract by default, if your company dont supply one then you are covered by one the Govt apply for you. Its pretty basic but does the job
Ahh I never knew that :) Thankyou.
so far, everything you've done appears to be fine & above board.. i used to work with a girl who went off on long term sick for her bad back, and then returned to work & announced she was pregnant... some bad back eh???????? the company couldn't do a thing
so far, everything you've done appears to be fine & above board.. i used to work with a girl who went off on long term sick for her bad back, and then returned to work & announced she was pregnant... some bad back eh???????? the company couldn't do a thing
I have a feeling that dspite trying my best they'll find a reason for me not to come back even if I want too.
Oh dear! What an idiot. I have a friend that was involved in a compensation law suit with a major firm after he was injured working in their warehouse...despite apparently having severe injuries to his back and neck he was still managing to work on his cars and heave boxes around (the private investigator which was hired by the firm caught on camera) but he managed to get away and win the compensation by claiming it was his twin doing all the work and not him. lol
how big is the firm?? do they have a separate HR dept??
MattBrown
21-12-10, 03:22 PM
If you get pregnant in the first 6 months of empolyment, the employer has no responsibility.
As you could be 3 months gone, get a job and do them for 6 months free money.
how big is the firm?? do they have a separate HR dept?? The firm I work for or him?
The firm I work for despite it being Clarks is quite small as it's just a franchise of Clarks. I actually have no idea about the HR department. Stuff like that is something i've never thought of looking into.
The firm he worked for was Tesco. It took them a couple of years to sort his claim out because they didn't want to pay out any money.
When is your baby due, and when did you start work with this employer?
I'm due to go off on my maternity leave next month...or earlier as they're trying to force me to go on it now due to having the last two days off :tard:
Were those days off pregnancy related?
I've been told by my manager that when I come back (if I do) my hours will of been cut and I won't be needed as much as I am now as the other two girls that are on maternity leave now will be back by then.
According to places like Directgov they're not allowed to actually cut my hours without my permission and I should come back to the same sort of work i'm doing now or something similiar. Despite being there almost 7 months now and constantly nagging the manager to get one sorted...i'm still yet to have a contract. So do I have a leg to stand on when it comes to arguing about them changing my hours and job?
They can cut your hours to whatever they like, but they're not allowed to do so because of your pregnancy. You would need to prove that you were being discriminated against because of that, which could be a tough one to pin if the others in the office were being treated the same way. Also, if you're the newest, do the least hours, etc this would make things harder for you.
Ask for a copy, or details, of your contract of employment - you WILL have one (but it may not be written). If its a temporary contract (i.e. to cover the other women who are off), it should have an expected end of employment date. Look to see if this has a flexibility clause in it too.
some bad back eh????????
Could have been artificial ;)
Baby is due March 1st and I started working there middle/end of June. Yup the last 2 days off have been pregnancy related. The hospital specifically told me yesterday not to go into work due to having contractions and not knowing wether I was in labour. I'm the only one at the moment whos hours seem to of dropped. Out of the 3 of us that started at the same time one is just a Sunday girl and me and the other girl do the 10+ hours. My hours seem to of dropped quite alot whilst she's being given more hours. Obviously as I don't have set hours though I didn't really think I could make much of an issue out of it.
The manager has been told before by the area manager that she needs to get contracts sorted, more so for me then the other 2 because of going off of maternity leave. I'm assuming that when she finally does give me my contract if she's put me down as only working a day or two a week theres nothing I can do about it as no official contracted hours were ever set in stone?
I'm assuming that when she finally does give me my contract if she's put me down as only working a day or two a week theres nothing I can do about it as no official contracted hours were ever set in stone?
Quite possibly yes, especially if you haven't signed anything previously that stated working pattern/hours. When are you planning on starting your maternity leave? You're entitled to start as of the 14th last week, but it will begin automatically if you take any pregnancy-related time off after Feb 1st.
Probably wise to make sure you're paying the correct tax & NI etc as well, if she hasn't got your contract sorted out yet then its possible that could be ballsed up too. And you don't want a massive tax bill at the end of the year!!
(erm, I'm also assuming you've declared your photography stuff as a second business with HMR&C too? lol)
[edit] This (http://www.adviceguide.org.uk/index/life/employment/parental_rights_at_work.htm) is a very handy guide to maternity gubbins at work. Its a bit all over the shop and doesn't read all that well (typical govt publication) but has good information.
"Was" planning on starting it on the 1st Feb but that all depends on wether they start turning funny or not.
I pay NI but don't pay tax. Never have done yet.
I actually didn't realise I had too. It's not "officially" a job yet and I haven't taken any money for doing shoots as i'm a numpty and keep giving them away for free lol
Thankyou!
they have some balls to go up against a pregnant lady
they have some balls to go up against a pregnant lady
my brother will only employ women who are not planning to have any more kids, as in they are generally 40+, he can't afford the whole maternity leave thing, it is crippling for small businesses
my brother will only employ women who are not planning to have any more kids, as in they are generally 40+, he can't afford the whole maternity leave thing, it is crippling for small businesses
I think thats probably why my boss seemed to take a bit of a disliking to me. I can completely understand that it must of caused a bit of an issue for her employing me to cover someone thats going on maternity leave only to find out not long after i'm pregnant too. I know she got alot of grief from the area manager for it.
MattBrown
21-12-10, 11:25 PM
I think thats probably why my boss seemed to take a bit of a disliking to me. I can completely understand that it must of caused a bit of an issue for her employing me to cover someone thats going on maternity leave only to find out not long after i'm pregnant too. I know she got alot of grief from the area manager for it.
Women, who'd have them hey lol
my brother will only employ women who are not planning to have any more kids, as in they are generally 40+, he can't afford the whole maternity leave thing, it is crippling for small businesses
surly thats discrimination...
General Baxter
22-12-10, 08:32 AM
so's not being in the kitchen lol
surly thats discrimination...
martin, you are still fairly new to the world of work...... do you really think that bosses really employ people based purely on their qualifications???
a 25 year old woman who is recently married is at some point in the future going to have kids, and a small company in the current economic climate simply can't afford all the time off, the holiday demands, the maternity leave, etc... and then employ a replacement.... so you will find that a lot of small businesses will employ more mature women who will work the full hours.... sod discrimination, its survival...
we also placed an ad for a van driver, and did not want some young racer, but an older driver, and the job involved some lifting of samples so the driver needed to be physically fit... the job centre told us we couldn't advertise for older or physically fit people... so we simply chose the older physically fit candidates & interviewed them.
i may be new mowgli but i came across the same situation about the old/physically fit thing the other day.
we needed a new person in the factory - dogs body kinda thing, and as you say, the job center wouldnt let us write physically fit, so they just wrote, heavy lifting involved.
and i understand thats what businesses do. but if someone can prove that it has happened, it could lead to problems legally.
bosses quite often don't employ the most dazzling candidate for fear that the new kid will get promoted quicker....... i read about a design company in london that always employed a black receptionist, because she actually matched the decor better than a white one, seriously..... bosses usually decide whether or not the candidate is any good before they have even said hello...
the job center wouldnt let us write physically fit, so they just wrote, heavy lifting involved.
Is that not the same thing though? I mean you'd want someone to be physically fit BECAUSE of heavy lifting, so you write heavy lifting involved, or manual labour involved etc.
When I worked at boots, they just employed whoever had the biggest tits. lol
[edit] as opposed to me and my friend martin, who WERE the biggest tits lol
When I worked at boots, they just employed whoever had the biggest tits. lol
hence you getting a job
/obvious reply
kent14sr
23-12-10, 05:46 PM
I'm due to go off on my maternity leave next month...or earlier as they're trying to force me to go on it now due to having the last two days off :tard:
I've been told by my manager that when I come back (if I do) my hours will of been cut and I won't be needed as much as I am now as the other two girls that are on maternity leave now will be back by then.
According to places like Directgov they're not allowed to actually cut my hours without my permission and I should come back to the same sort of work i'm doing now or something similiar. Despite being there almost 7 months now and constantly nagging the manager to get one sorted...i'm still yet to have a contract. So do I have a leg to stand on when it comes to arguing about them changing my hours and job?
If you have worked consistant regular hours/days for the past 7 months then a written contract is irrelevant as it becomes a contract under work practices.
Discrimination or being treated differently as a result of taking maternity leave is serious, and I would suggest speaking to your local Citizens Advice Bureau.
In regards your employers trying to force you to start maternity leave early, well they can suggest it if your capability to fulfil your normal hours is becoming questionable. If you dont follow their suggestion then they could take action under capability (not conduct). Furthermore if the work you do is unsuitable because of your pregnancy they are not duty bound to find you alternative work - usually hence the suggestion to start your maternity leave early.
When I worked at boots, they just employed whoever had the biggest tits. lol
[edit] as opposed to me and my friend martin, who WERE the biggest tits lol
Insert reaaallly old hillarious pic of jack pratting around in boots
like this?
http://sphotos.ak.fbcdn.net/photos-ak-sf2p/v144/183/37/667958884/n667958884_398768_7155.jpg
Christ that was almost 12 years ago. lol
WAS EXPECTING SOMETHING MORE LIKE THIS.....
http://farm3.static.flickr.com/2784/4334409678_d2f8602656.jpg
djbrowney
23-12-10, 08:13 PM
wednesday i recived an email from work saying that i need to be in the office at 8:00 am sharp 'nothing to worry about'
So as promiced i was at the office 8:00 am (bearing in mind its 55 miles from my house) When me and 4 others were handed a contract for a 6 month fixed term contract. 7 others wertnt. Billy Bonus i though !
Bearing in mind i have worked for the same company for the last 2 1/2 years through an agency and have been asking for a full time job for all of that time.
We were also told that the contract was none negotiable (sp) And that was the way it would be like it or lump it ! Also we had to let them know by 12:00 today weather we were to accept or not (so that gave me 24 hrs) if we dint want it they would just pass it on to someone else.
Cutting a long story short i have had to take a £1.5 hr pay cut and loose all time half over time monday to friday (which is a lot when on a call out 5-6 hours some nights)
Imo it dosnt matter what you do for they they always **** you over just like they have done to me today. Just to make thing even worse there are people who do exactly the same as me on £10,000 more a year and get time and half for over time
****ing ****ers imo
so you will be driving back to the yard at 35mph from now on then??
djbrowney
24-12-10, 05:24 PM
I wont be doing ooh call out as much, only when it my turn now that's for sure !
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