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Sun 30 Oct, 2005 12:46 pm
Over a year ago I signed up for a Graduate Recruitment scheme, while I was still at university.
However they never really came up with any decent projects, and I ended up getting a job at a local web design company after seeing an ad in the paper. I worked there full time for about 5 months, however I never signed a contract with them.
On wednesday morning i recieved a phone call from the Graduate recruitment scheme about a local job that was going, which sounded ideal. I had actually recieved a letter over the summer asking whether I wished to stay with the program, and had decided not to... I spoke to them and they said the local company was holding interviews that day, and could I go along. i explained I was working 9-5, but would meet outside of this if possible. The compan agreed to see me after 5, and I went along. I did not tell my present employer about this.
The interview went really well, and i got a message on friday asking me to go to a second interview, on monday at 3pm. I did not recive this message unil after work, so could not inform my employer that I needed time off. I called him today (sunday) asking if I could have the afternoon off, and he sacked me on the spot. He said if im looking for oher jobs then I can forget it, I told him that i did not wish to terminate employment, but wanted to go to this interview. He said he was not prepared to be used, and fired me.
Now, on friday he also mentioned to me that my pay has been wrong. i was promised a 2k payrise 3 months ago, but this didnt go through. So in next months pay check he was going to add in all the extra I was due.
So...what are my options? I had no contract, and now I have no job. Do i have any claim to this money that he owes me, and can I sue for unfair dismissal?
Im in Scotland, UK if that makes any difference...
Unfortunately, I am in the States so I don't know what the law is in the UK. Here, without a contract you'd have scant chance of a lawsuit being successful. Your mistake, in my opinion, was telling your boss the reason for needing the afternoon off. In your place, I would have rung my boss Monday morning and feigned illness. An upset stomach is always a good excuse for missing a day's work. Sorry, but that's the best I can do.
If the pay is for time you have already worked then he can't really not pay you. Is it in writing somewhere or documented in some other form?
I find it odd he fires you right after you were told you had back pay coming in your next pay check. A soliciter might find it odd as well.
unfortunately none of it is in writing, no contract and no mention of the pay rise etc.
However this opens an interestin problem. As no contract was ever signed, doesnt all the work I produced for him still belong to me? If he does not pay the money he owes, could I consider suing for copywrite infringement?
nighthawk wrote:However this opens an interestin problem. As no contract was ever signed, doesnt all the work I produced for him still belong to me? If he does not pay the money he owes, could I consider suing for copywrite infringement?
Good luck trying to prove it. It's your word against his that the money is due you put I'll bet you he has pay records indicating that you DID work for him and that'd be enough to establish that the work you did was done on his time and, as a result, his.
What statutory responsibilities does the employer have when they employ someone? Do they need to notify Inland Revenue? Did you pay income tax on as earned basis? If so surely that is sufficient record of employment? What about workers compensation/insurance? Superannuation payments? These might be legal obligations the employer has to you and Govt agencies.
Now I have to stress I don't know anything about Scottish labour law (I know Scotland has a different legal system from England and Wales but I'm not sure if it has its own specific labour law). But at common law the contract of employment doesn't have to be in writing and there are implied rights and responsibilities in the common law contract of employment. But there could be statutory differences. If you aren't in a union then you might need to speak to a local legal aid office or community law office or speak to a solicitor.
The question might be (or arise), if you are a employee or contractor.
However, all looks as if you were an employee.
Quote:Contract of Employment
All employees, whether on a temporary/contract or permanent/staff basis are entitled to both a contract and a statutory statement. A contract may be oral or written (though good practice strongly recommends it be written).
The contract contains all the terms of the agreement reached between employer and employee and should include all terms agreed at the outset as these cannot be altered later without the agreement of both parties. This contract may be open-ended or for a fixed term. The length of any probationary period should be stated and, once completed satisfactorily, the employee should be notified in writing.
A written statutory statement of particulars of employment must by law be given to any employee within 2 months of starting (the only exception being for employment of less than one month, for overseas employment or where all the particulars required have already been provided within a written contract of employment). The written statement must include:-
· the name and address of the employer
· the name of the employee and the location where the employment is to take place
· the date employment starts and the date on which the employee's period of continuous employment began
· the job title
· rates of pay and the intervals at which payment occurs
· normal working hours (including days of the week, starting and finishing times, meal breaks and any overtime arrangements)
· paid holiday entitlement (including public holidays) and how this entitlement is calculated
· details of paid sickness/injury leave
· details of disciplinary procedures and who to approach
· details of grievance procedure and who to approach
· details of pension scheme and whether the employment is contracted out for the purposes of the Pension Schemes Act 1993
· details of any notice period binding on both parties if the contract is terminated
· any collective agreement which directly affects the terms and conditions of employment.
Information about Contracts of Employment can be found at the DTI Site
www.dti.gov.uk/er/individual/rights-pl716.htm and about a Written Statement of Particulars at
www.dti.gov.uk/er/individual/example-pl700a.htm
An employee who has not received a full statement may complain to the Employment Tribunal.
Source
I'm sure that your employer could have been more understanding of the situation and have let you time off. And you could easily have faked not feeling well, but since you didn't know that your employer would refuse you letting time off and so you spoke the truth, I feel that you got lucky and out of a job that probably had no potential for growth. What happened to the Graduate Recruitment Scheme thing? Don't think of taking any action against your employer because you don't have a solid basis and your employer might actually have felt used by you because it seems he himself likes using people and not paying them their due. Next time I'm sure you can be more diplomatic so you fare better. In any case your truth made you lose a rotten job and potential for getting a good one round the corner. Consider yourself lucky!
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