Work, verbal contracts,written statements...

Discussion in 'Off-Topic Discussion' started by elainefiz, Jun 22, 2008.

  1. elainefiz

    elainefiz Gardener

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    Hello, i feel like i work in a circus and i`m hoping someone here knows something about contracts,or rather the lack of them at work.

    I started work last October,part time, in a small tea room on a local farm, which was a new venture for my employers.(the farmer and his wife)At the same time a farm shop was also opened on the farm.
    When i signed up for the job there were 10 people employed including my 2 employers.In the 8 months or so since i started 5 people have left due to bad management.One person,who was employed to bake pies,quiches in a seperate part of the farm for the farmers markets was called and asked to come back to work to do the same thing and agreed on the condition that she could work her hours when she wanted as her husband worked 3 nights on 3 nights off and she has a small child.Fair enough.During this time,i think around 20 weeks this lady`s husband broke his ankle and there was an upset in her household concerning babysitters etc.Some days the child was brought to work.Also during this time the lady has been moved into the tea room.Aparrantly sales are down at the market??
    As i said before, 5 people have left.One prson,an apprentice butcher,another a lady who made sausages,burgers etc and was to help in the farm shop and work the farmers markets and a chef and his wife who were to work in the tea room.And of course the lady who wanted the flexi hours.
    Which leaves myself,in the tea room,my sister-in-law in the tea room,who asked for her hours to be cut as my mother-in-law had a spell in hospital a couple of months back,and now wants her original hours back,the lady who want`s her agreed flexi hours,a butcher who works the farm shop and helps with the pies etc for the farmers markets along with the farmer and his wife who work the farm shop the markets, pre- pack and make the pies etc.
    Oh,and i forgot to say a young chef who was employed on a months trial to work the tea room.She came and went in between the ankle and the hospital.
    In between all this nonsense,I have been asked to change my hours 3 times which i have done.No bother.Now i am being asked to change again to suit flexi hours and sister-in-law.
    Last saturday morning i went to work and within 10 minuites flexi hours got the conversation round to baysitters, private child care and being all up in arms with husband back at work and wanting her agreed hrs when she worked at pies for markets.I let her talk.At the end of my shift farmers wife came to me asking would i split my 16 hrs over 3 days?I said i`ll think about it.I went home and rang sister-in-law and asked did she know anything about it?Yes.It`s all worked out isn`t it?
    So,all night i thought about it.
    Next morning i rang SIL and asked would she come to work today if i asked for a meeting regarding this matter.Yes.
    I went to work and meeting was arranged for that morning at which i stated my case and asked what if the 3 of us,me,flexi and SIL sat down and worked a rota out which would suit all 3 of us?Yes,of course!But i would have to do it and then it would be looked at and decided by farmers wife.I did this along with a suggestion for a consistent menu(don`t ask),and took it to work tuesday.By last night i still hadn`t heard from anyone so i rang f.wife and was told,I`ll ring you tomorrow.
    OK.I have searched through different sites before boring you all with my troubles but alas i am still troubled.Since i have no contract to speak of-literally- my employer evades all questions concerning anything legally binding saying she will have to speak to her accountant.I am waiting for her call.
    What i would like to know is...
    (1)Am i in my rights to ask for a written statement of agreement?
    (2)Can i ask for 1 months written notice before i have to agree to change of hrs?
    Thankyou kindly for having read through my rant.
     
  2. daitheplant

    daitheplant Total Gardener

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    Elaine, as far as I am aware, if you are working 16 hours or more, you must be given a contract of employment. Personally.I would go to your locel C A B. And find out for sure.
     
  3. elainefiz

    elainefiz Gardener

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    David, i think i will do that.I have had the phone call and was told to go to work on normal 2 day shifts next week.Still no further forward though.Said she was still deciding.I fear i am going to have to dig my heels in on this one.Otherwise it`s never gonna end.Can`t please all of the people all of the time eh?
     
  4. daitheplant

    daitheplant Total Gardener

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    Elaine, if you are not careful, they will walk all over you.
     
  5. Alasdair

    Alasdair Gardener

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    if i remember your employer must give you a written contract within so many weeks, CAB website will tell you.

    found this:

    http://www.bizhelp24.com/business-law/employment-contracts-20.html




    What is an Employment Contract?

    If an employee is taken on for more than one month, by law, they are entitled to a written contract within two months of initial employment. The employment contract may not cover all aspects of the employment details but should outline all of the important terms and conditions.

    An employment contract is an agreement to the terms and conditions of employment รข?? agreed by both the employer and employee. In principle, a contract is created as soon as a person agrees to work for the employer whom may have previously outlined the conditions of employment (pay, hours, etc).



    remember that you also have the implied "verbal" contract.

    Alasdair

    ps don't tell gillian who works for us, she's been waiting 18 months!!! however we wouldn't dare trod over anyone so she is very safe.
     
  6. Victoria

    Victoria Lover of Exotic Flora

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    Hello Elaine, long time no speak.

    This was my business ... I say WAS, the law changes all too frequently and it has been eight years since I left .... however, I agree with the link Alasdair has given you. You are entitled to a Contract of Employment and were after two months of employment. I remember well when you started there and it seemed like a nice little number.

    Small firms often seem to think they are excluded from the law. This seems to be a husband and wife thing ... but at the same time quite a going concern. having employed 8 people in various capacities.

    If you don't want to tackle the couple personally, then you must go to the CAB or even further to a lawyer (which would be costly) and confront this ... they are getting away with murder and as long as people allow them to ... they will continue to do so ....

    Either you must take action and demand a contract or bring them down ....




     
  7. elainefiz

    elainefiz Gardener

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    Thank`s for that Alasdair.Like i said, no mention of any kind of contract from employers.All i get when i ask is, Yes i know,i know.I`ll sort that out for you.
    If i`m honest, i can be soft if i think people are really trying at their end, but i don`t like being manipulated and i do feel that this is now what`s happening.I have helped out alot over the last few months, ie; receiving phone calls at twenty to nine, saturday morning, Easter weekend and being asked would i mind not going in today and tomorrow as flexi`s having problems.
    And so on...
    Well, in life, i would rather make a friend as an enemy but like you say david, folk will walk all over us if we let them.Sometimes i lie down if i don`t think it`s imoptant in the bigger picture.But .....sometimes i bounce back.:thumb:
     
  8. elainefiz

    elainefiz Gardener

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    :)Hello again Lady of Leisure,lovely to talk again.
    As you say, i`m gonna have to stand my ground, but it aint easy when you speak the truth and folk don`t wanna hear it. Mr.fiz is a friend of the farmer and so it makes it all the more difficult.
    During the so called meeting on sunday when farmers wife side doored the issue by leaving after no more than 5 minuites i was left with farmer talking to me about family buisness and friends.Emotional blackmail or what.I tried to tell the man the situation as i know f.wife only tells him half truths and was told to sort it out between yourselves.Looks like it`s back to square one.:o
     
  9. takemore02withit

    takemore02withit Gardener

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    Elaine,We are all entitled to a work contract. As you say these smaller firms try it on, and if you hav'nt got a work contract they can walk all over you. I at one time could never say no to overtime because they made you feel obliged and I got fed up with it. Now I stand my ground and say politly, sorry but Ive got something on that day. In the end they stopped asking me. I know it is different if they happen to be friend as well, but you must sometimes stand your ground to gain respect. Hope you manage to work things to your advantage. As Al and Lol say the CAB is there for us. I have been there many a time even if just for reassurance. Good luck Elaine. 02
     
  10. shiney

    shiney President, Grumpy Old Men's Club Staff Member

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    Hi Elaine,

    As the others have said, you are entitled to a Contract of Employment.

    Try this link.

    http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10027905

    Even with a contract the employer is entitled to change your hours of work but this has to be reasonable and can't be done without notice (unless you agree). So being asked to change because there is a Bank holiday coming up or another member of staff is going on holiday, or is pregnant etc is reasonable as long as you have sufficient notice.

    Most small employers do not try to take advantage but quite often are ignorant of the rules and regulations. As these change frequently (LoL knows that they change much too often and not always for the better :D) it can be very daunting for a small employer and quite often gets put on the back burner because of other problems. This is no excuse for your employer who has been told a few times that you want your contract.

    The contract should lay out your agreed terms. It is quite likely that your employer could get a standard type contract from a trade organisation (if there is such a thing for farmers' market/shops etc - probably the National Union of Farmers may have them). To have them drawn up by a solicitor can work out fairly expensive :eek: and I would guess that they don't (or can't) pay that fee.

    It sounds to me as though they may be struggling with the business. Too many irons in the fire and not proper management, doesn't help. It would probably help both the employer and workers if there was better structure to the business and the business can get some help and advice from Business Link (or a local Enterprise Agency).

    The info you have given us is rather complicated and you should first be concentrating on getting the contracts sorted out. You just have to be more insistent instead of your usual sweet self :D.

    Being an employer can be hell as well :( :D

    Good luck :)
     
  11. Marley Farley

    Marley Farley Affable Admin! Staff Member

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    :thumb: Hi Elaine, sorry only just seen this.. I think I would now definitely take myself off to C A B...!!! That is quite outrageous treatment... Too many small business's fall into this trap.. You should have had a contract shortly after you started..!!!

    :( Sorry, but my experience of disorganised small business's like yours sounds, (sorry!) do not make for happy work places... I think C A B should definitely be your 1st stop before something does happen & you find yourself at a personal loss & or, no job...!!!:eek:

    :( Sorry if this is a dim view Elaine, but have seen similar situations many times before, living in a rural area & if they are not sorted out quickly, some kind of disaster always strikes..!!

    :) So please take some advice..!!:)
     
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