grahamc Posted September 22, 2011 Share Posted September 22, 2011 My mom has managed to get herself into a bit of a weird situation. She lives in a small village and works for a small local Limited company. She has been there for a couple of years (4 or so)... Basically work seems to be drying up and she is a bit worried about her job. She is worried that she is going to be layed off with nothing. The problem is, that she has no written contract!! She does not get paid for illness related leave. She is now wondering what happens when everything goes t!ts up and gets told that the job is no more. Personally, I would NEVER work without a written contract... Does anyone know about this or similar, etc? Does she have a leg to stand on? Surely the company "has to have employment contracts"... What are the legal requirements of a company with regards to employees (links)? Any links to standard rights of employees? Im off to Google now as well.............. Quote Link to comment Share on other sites More sharing options...
Rob Posted September 22, 2011 Share Posted September 22, 2011 Oddly, a client of my wife's company ran into trouble with an employee in the situation you describe. Employee took legal action and wife's client ended up having to liquidate that company of his. I don't know the actual details but it seemed so avoidable for the sake of a simple contract. Quote Link to comment Share on other sites More sharing options...
Havard Posted September 22, 2011 Share Posted September 22, 2011 It is illegal not to have a contract of employment. If she got sacked she would have the employer by the balls. You need to pm Mrs H as she is a whizz on these things. H. Quote Link to comment Share on other sites More sharing options...
sideexitsupra Posted September 22, 2011 Share Posted September 22, 2011 I would have thought that as long as they offer her the statutory minimum redundancy package then there would not be much she could do. Not sure on the exact amounts but am sure it used to be about £50 for each year worked. Nothing really. Get her to phone ACAS in Leeds. They will give her some free advice. Quote Link to comment Share on other sites More sharing options...
marbleapple Posted September 23, 2011 Share Posted September 23, 2011 It is illegal not to have a contract of employment. If she got sacked she would have the employer by the balls. You need to pm Mrs H as she is a whizz on these things. H. Its not always straight forward as Mrs H will certainly confirm. The risk is that if the company goes bust then there will be no one to pay. Also, a lot of ELP insurers require contracts for employees as a condition precedent to cover, thus if there is no contract there is no cover. Quote Link to comment Share on other sites More sharing options...
grahamc Posted September 23, 2011 Author Share Posted September 23, 2011 Oddly, a client of my wife's company ran into trouble with an employee in the situation you describe. Employee took legal action and wife's client ended up having to liquidate that company of his. I don't know the actual details but it seemed so avoidable for the sake of a simple contract. Hoping it does not go like that... Doubt my mom would take it that far, she would put it down to experience and move on It is illegal not to have a contract of employment. If she got sacked she would have the employer by the balls. You need to pm Mrs H as she is a whizz on these things. H. Its early stages right now, so will leave it for now, but will definitely keep this in mind for later. I would have thought that as long as they offer her the statutory minimum redundancy package then there would not be much she could do. Not sure on the exact amounts but am sure it used to be about £50 for each year worked. Nothing really. Get her to phone ACAS in Leeds. They will give her some free advice. It seems, from reading, that with no contract, it resorts to statutory rights Its not always straight forward as Mrs H will certainly confirm. The risk is that if the company goes bust then there will be no one to pay. Also, a lot of ELP insurers require contracts for employees as a condition precedent to cover, thus if there is no contract there is no cover. Nothing is every that straight forward.... if that sort of thing happens, its not a big deal, she just does not want to "be taken advantage of". So just trying to find out what her rights are, for if something happens. Quote Link to comment Share on other sites More sharing options...
Havard Posted September 23, 2011 Share Posted September 23, 2011 Its not always straight forward as Mrs H will certainly confirm. The risk is that if the company goes bust then there will be no one to pay. Also, a lot of ELP insurers require contracts for employees as a condition precedent to cover, thus if there is no contract there is no cover. True. I did assume that they wouldn't want to wind the company up. Quote Link to comment Share on other sites More sharing options...
grahamc Posted September 23, 2011 Author Share Posted September 23, 2011 have enough info for now, just need to discuss with my mom now and see what happens. thanks all... Quote Link to comment Share on other sites More sharing options...
Gabriella Posted September 23, 2011 Share Posted September 23, 2011 1. Written contracts of employment should be given by all employers. 2. It's not unusual not to have one though but that doesn't mean anything to worry about. 3. Any employee who has worked for over two years is entitled to redundancy payments, formal consultation, notice, appeal, etc. 4. Any employer who fails with these things could find themselves up in front of a Tribunal and without a leg to stand on! Quote Link to comment Share on other sites More sharing options...
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