never ending work revisited

[Itchy]

Nothing to see here

[RickHolt]

So you just dissapeared for a week without telling them where you were and what you was up to?

Sounds like you was out of order mate, hope you don't have the rights to scrounge from your employer. What did you expect?

Rick.

[stinkwheel]

No, I think it was about his boss phoning him all hours of the day and night even when he was off.

Did you sign a contract mate?

EDIT: How long have you been working there?

Have you been shown a document explaining the company discipline policy and staff code of conduct.

Have you had any formal verbal or written warnings?

Did anyone witness him telling you to 'not turn up on Monday'? (d'oh, it was a text message. DO NOT DELETE IT!)
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Itchy]

Rick

Never ending work precis

I was being asked to do wayy over the number of agreed hours and being called dead in the middle of the night to go recieve deliveries.
The week before I clocked up 57 hours and only got paid for 35 of those hours thus putting me way below the national minimum wage.


Consulting the BCF I was given the impression I should stand up and say no , which I did (though I still did manage to clock in 42 hours and only get paid for 35 unavoidable since I could not leave before this)

In return for standing up and saying no (think being paid about £2.6 after tax) , I get the sack in the form of a text message.

[stinkwheel]

[Itchy]

[Itchy]

nah feg it I just want to move on really just that money is a bit tight
due to this event I was more venting really and wanting to know in your opinions about this question

Was I right to stand up to the boss ? ,

[stinkwheel]

Yes, you were right to refuse, he was taking the piss.

No, you shouldn't drop the subject. If you were there for over three months you can do him up the arse for several thousand pounds in an unfair dismissal tribunal. You would not be expected to go back and work there afterwards.

Another very important point. Notice period (which you are entitled to be paid for). Turn up to work during your notice period (either two weeks or a month depending on your circumstances) unless you are officialy told not to or YOU can be held in breach of contract.

I would not take a text message as official notice. At a very minimum a verbal instruction in front of a witness. DO NOT engage in any discussion on this subject with your boss unless it is in writing or you have a witness.

My advice is to get your arse down to the citizens advice beaureau first thing tomorrow (or on Monday if they are shut on Saturday) and explain what has happened. They will be able to advise you better.

The guy sounds like a total arsehole and needs to learn that he cannot treat employees like that, you are in a perfect position to teach him this lesson (where it hurts, in his pocket) and you might even get a new bike out of it.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[Itchy]

Thank you for the advice , but I think its all come to naught

just looking at calendar inc some 'trial' days in Dec and a couple of training weeks in Jan , its shy about 1.5 weeks for 3 months so I don't think I have a case.

Though I suspect his company might go belly up soon though , it was seriously overtrading and losing clients like wildfire (we sold chicken lots of it Hn15 hit the co hard)

[ginguar]

[yambabe]

This all hinges on whether you were given a contract of employment or not.

The 3 months probation only applies if it is in your contract (and it doesn't have to be 3 months although that seems to be a fairly standard period), it's not a statutory right. If you have a contract that states that you have a probation period it will also usually state that you can be summarily dismissed within the period for no reason and with no notice.

If you have a contract it should also either contain the company's disciplinary & grievance procedure or refer you to where you can get a copy from. Once again there are no statutory provisions but there are standard procedures that most people follow.

Re tribunal you are not eligible, you have to have worked for 2 years to be able to claim unfair dismissal.

BUT, providing you were not still in a probation period you do have stautory rights and you are eligible to be paid one weeks notice and accrued holiday pay at .384 days per week that you worked less any paid holidays you have taken. I make that 4.5 days holiday accrued.

If your employer refuses to pay you, THEN you can take him to tribunal as he has breached your stautory rights and there is no minimum worked period for that particular claim. You won't get thousands though, just the wages you are owed.

As I think I suggested before, talk to ACAS. https://www.acas.org.uk/ They will be able to advise you in detail, and if you do have a claim they will help you to prepare it. It shouldn't cost you anything either.

Finally (phew) when you talk to ACAS tell them about the unpaid overtime as they breached the minimum wage regulations and ACAS will get the DTI involved to get them for that too.

Incidentally (oh bugger the last one wasn't final at all) if the company is limited and it does go under you will have to walk away as you have no chance of getting anything.

Go for it.
____________________
Sod falling in love, I wanna fall in chocolate.

[Itchy]

[stinkwheel]

The lack of a formal contract acts entirely in your favour.

I don't have one, this makes me pretty much unsackable providing I keep turning up to work at my normal times.
____________________
“Rule one: Always stick around for one more drink. That's when things happen. That's when you find out everything you want to know.”
I did the 2010 Round Britain Rally on my 350 Bullet. 89 landmarks, 3 months, 9,500 miles.

[SoND]