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Post by HR Manager on May 19, 2005 21:51:21 GMT 1
Just thought someone on here may be able to help me wid this... Someone I know has just been offered a part time job in a local supermarket but has been told they dont give out contracts... I was under the impression that if you worked without a contract you had limited legal rights should they just ask you not to come in ever again? Would this be correct? Is working without a contract a bad idea? Ta all
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Post by somersetshrew on May 19, 2005 21:56:04 GMT 1
people working with, or without contracts have exactly the same rights, but even so, everybody has a right to a contract of employment.
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Post by HR Manager on May 19, 2005 21:57:58 GMT 1
So you are within your rights to ask for one? And if you ask should you get?
If, for example, you got taken on to do 10 ours a week, and then they asked you to do 15 hours a week and you couldnt, would they be able to get rid of you?
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Post by MartinB on May 20, 2005 5:46:41 GMT 1
At work I have a very good booklet that gives basic information about employment rights including contracts, holidays, pay etc.
If you send me a pm I will post it to you. Equally if you don't want to do that pop into your local Jobcentre and they will happily give you a copy.
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Post by RG on May 20, 2005 5:57:13 GMT 1
WelshShrew is yer man for this one - in employment law I think they have to "take you on the books" ie give you a contract after working a specified time (Gareth will confirm how many months that is) but that again may depend on the number of hours worked per week
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Post by Stevenelsonfanclub on May 20, 2005 7:19:53 GMT 1
Legally, you should have a contract of employment issued within 12 months of starting employment.
However, by virtue of the fact that someone turns up to work and they are being paid for turning up constitutes an acceptance of a contract.
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Post by oranjemob 1 on May 20, 2005 7:59:51 GMT 1
A 'contract of employment' is made up of various elements, some written and some 'implied'. Anyone employed for more than 1 month should be given, in writing, what is known as "A Statement of Main Terms and Conditions of Employment". This must contain specific information and it is a legal requirment that it issued within 8 weeks of the start of employment.
Contracted hours is one of the key parts, as is rate of pay, holidays etc. and it is mandatory that it is included. Hours can only be changed by a "Variation to Contract" which should be negotiated. If it's imposed, it could lead to a case for constructive dismissal.
Regarding somersetshrews point, Until you've been employed for 12 months, you don't have the full protection of the law, except in cases involving discrimination.
SNFC - Not entirely correct. Even if something is writen into a contract, and even if it's signed by the employee, it can still be considered unreasonable and/or unlawful. In such a case, action could be taken under the " Disputes Resolution Act".
This is the area where I earn my few groats, so if you need any further help, let me know.
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Post by HR Manager on May 20, 2005 9:19:11 GMT 1
Thanks guys Oranjemob1 - To summarise... Is a contract of employment a legal requirement? Is it wise to work without one? If the company changed your hours and you couldnt work them, and you didnt have a contract, would they be legally allowed to sack you? Thanks again guys
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Post by HR Manager on May 20, 2005 11:56:53 GMT 1
btt
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Post by seabroseley on May 20, 2005 12:10:08 GMT 1
There's a contract in any case but there should be a written one.
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Post by HR Manager on May 20, 2005 13:19:03 GMT 1
btt again
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Post by oranjemob 1 on May 20, 2005 13:26:10 GMT 1
Thanks guys Oranjemob1 - To summarise... Is a contract of employment a legal requirement? Is it wise to work without one? If the company changed your hours and you couldnt work them, and you didnt have a contract, would they be legally allowed to sack you? Thanks again guys 1. As Sean says, a contract does exist, but being given a written statement of terms and conditions is a legal requirement. 2. No. Ask for one, after being employed for 8 weeks. 3. If your hours were changed, without consultation or agreement, even if you had nothing in writing, you could claim unfair dismissal if you were sacked for not working to thew new hours.
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Post by HR Manager on May 20, 2005 13:28:22 GMT 1
Thanks dudes So you need to be employed for 8 weeks b4 being entitled to one?
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Deleted
Deleted Member
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Post by Deleted on May 20, 2005 16:47:25 GMT 1
Has been answered all really.
I'm 99% sure HR Manager is actually Bill Wingrove mind.....
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