advice needed

[adarling2006]

Hi, having been a member of cag for a while now, this is the first time i noticed this section, was too busy looking at the bank charges bit lol.

I need some advice on this, i work in a nursing home as a care assistant, my employer stated that after working there 3 months i would get a contract of employment. i've been there now for a yr and 10 months and no written contract of employment.

When i asked about this recently i was told that i had a verbal contract and that is as binding as a written one. My problem is can they do this???

[tiglet]

They are right that they are under no obligation to provide an employment contract - however, they are obliged to provide written particulars pertaining to your emplyment.

 

The DTI website is really useful on this.

[adarling2006]

thanks for the advice, i should ask them for the particulars in my employment contract, and if they can't provide them what should i do?

[tiglet]

I would contact Acas in this instance if you are not a member of a trade union.

[adarling2006]

thanks again, will do that over the weekend

[cal37]

The moment you unconditionally accepts your offer of a job, a contract of employment comes into existence. The terms of the contract can be oral, written, implied or a mixture of all three.

 

If you are an employee, you must get a ‘written statement of employment particulars’ setting out some of your main terms. Your employer must give you this within two months of starting work. The statement must include:

pay

hours of work

holiday entitlement

sick pay arrangements

notice periods

information about disciplinary and grievance procedures

 

The written statement is not itself the contract but it can provide evidence of the terms and conditions of employment between you and the employee if there is a dispute later on.

 

Now the wording " employment contract " has obtained " common usage " and therefore the term is now recognized as meaning written statement of employment particulars by ET`s and others when used by the average person.

[Weird Al Yankovic]

Hi, having been a member of cag for a while now, this is the first time i noticed this section, was too busy looking at the bank charges bit lol.

I need some advice on this, i work in a nursing home as a care assistant, my employer stated that after working there 3 months i would get a contract of employment. i've been there now for a yr and 10 months and no written contract of employment.

When i asked about this recently i was told that i had a verbal contract and that is as binding as a written one. My problem is can they do this???

 

As per other answers.

 

However, I too was promised a written contract of employment after 3 months and I have that in writing in the job offer.

 

Despite this I never received the written contract after 3 months and I didn't receive the written particulars either within two months anyway.

 

This is included in my upcoming ET but my lawyer has pointed out that, in the absence of written particulars or contract, then the job offer forms part of my verbal contract on commencing employment and the failure to abide to the 3 month promise of a written contract is itself a breach, although not fundemental.

 

However, it is an 'add on' to my other claims.