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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 75057
Experience:  Qualified Employment Solicitor
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My employer wont give me my contract.. the HR is the owner

Customer Question

my employer wont give me my contract..
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: the HR is the owner and he said he hasnt got them, but how do i know what im entitled to? i have not spoke to a lawyer no
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Is there anything else the Lawyer should know before I connect you? Rest assured that they'll be able to help you.
Customer: no
Submitted: 12 days ago.
Category: Employment Law
Expert:  Ben Jones replied 12 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 12 days ago.

How long have you worked there for? Please note this is not always an instant service and I may not be able to reply immediately. However, rest assured that I am dealing with your question and will get back to you as soon as I can. Thanks

Customer: replied 12 days ago.
i have worked there now just over a month, i have no idea what my terms and conditions are, my break is 5 mins long and i feel like they're making up rules as they go along
Expert:  Ben Jones replied 12 days ago.

Thank you very much for clarifying. First of all, I am sorry to hear about the issues you have experienced in your situation.

An employer has a legal obligation, under Section 1 of the Employment Rights Act 1996, to issue what is known as a ‘written statement of employment particulars’ as soon as an employee starts working for them. That statement is not necessarily a contract in itself, but most employment contracts will contain what must be in the statement of employment particulars.

The following must be included in the statement:

- the employer’s name

- the employee’s name

- the start date of employment

- the date that ‘continuous employment’ (working for the same employer without a significant break) started for an employee

- job title, or a brief description of the job

- the employer’s address

- the places or addresses where the employee will work

- pay, including how often and when it will be paid

- working hours, including which days the employee must work and if and how their hours or days can change

- holiday and holiday pay, including an explanation of how its calculated if the employee leaves

- the amount of sick leave and pay

- any other paid leave

- any other benefits, including non-contractual benefits such as childcare vouchers or company car schemes

- the notice period either side must give when employment ends

- how long the job is expected to last (if it’s temporary or fixed term)

- any probation period, including its conditions and how long it is

- if the employee will work abroad, and any terms that apply

- training that must be completed by the employee, including training the employer does not pay for

Failure to use such a statement, or a contract which contains these requirements, is a breach of the Employment Rights Act 1996. The employee could potentially challenge the employer over it and make a claim for compensation in the Employment Tribunal, equivalent to a minimum of 2 weeks’ and a maximum of 4 weeks’ pay. However, to be able to claim, another substantive claim must be submitted first, such as for unfair dismissal, constructive dismissal, or discrimination.

Customer: replied 12 days ago.
Thank you! what is the length of a break for a 6 hour shift legally?
Expert:  Ben Jones replied 12 days ago.

Hi there, thank you for your further queries, which I will be happy to answer. The break is 20 minutes unpaid for every 6 hours work

Customer: replied 12 days ago.
what do i do if they are only allowing me 5 mins on a night shift for 6 hours?
Expert:  Ben Jones replied 12 days ago.

You raise a grievance to complain about it:

Customer: replied 12 days ago.
what if we do not have a grievance procedure?
Expert:  Ben Jones replied 11 days ago.

One is not needed – if you check Step 2 of the link I sent it states:

If there is no workplace grievance procedure, the employee should approach their line manager first. If they do not feel comfortable doing that, they should approach someone else they feel comfortable talking to (such as another manager or someone in HR).

Expert:  Ben Jones replied 11 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 11 days ago.

Hello, I trust that everything has now been resolved to your satisfaction and your original question has been dealt with. If you have any further queries about it, please do not hesitate to get back to me on here. In the meantime, I wish you all the best.

Customer: replied 7 days ago.
Hi there, as stated above they will not provide me with the written statment of particulars. I have had issues with the assistant manager where she has spoke about me to members of staff and has made people fall out with me with what was said in confidence to her. I am now being forced to leave and have a 6 month ban and not allowed to work the notice to stop this from happening. Is there anything you could recommend here as this does not seem correct.
Expert:  Ben Jones replied 7 days ago.

Hi, what is the 6-month ban for? What can you not do in that time?

Customer: replied 7 days ago.
This is the local club in town, so if they are forcing me out i will not be allowed in the venue for 6 months apparently stated by the general manager.
Expert:  Ben Jones replied 7 days ago.

They are entirely within their rights to bn you, even if you have done nothing wrong. It is the same as you have the right to ban anyone from entering your own property, even if they have not done anything wrong. You also cannot challenge the dismissal as you need 2 years service to be protected against unfair dismissal. So if that is what they want to do they can do so, even if it does not appear right

Customer: replied 7 days ago.
can i not challenge the dismissal if i have 'employee' employment status
Expert:  Ben Jones replied 7 days ago.

you need to have 2 years service to be protected against unfair dismissal