Agricultural flexible worker?

[stikky62]

Hi,,,quick question (s) ;-)

 

I started an agricultural job a couple of months ago (nothing special and only expected to last few more weeks) and was told the hours would be 20-30 per week (mon to fri). I don't really know from one day to the next what time I'll be finishing work that day because the boss makes it up as he goes along due to business demands.

Not including overtime at weekend, i'm averaging about 37 hours during the week.

 

Does this make me a 'flexible worker'?

 

I work mostly unsupervised so that means I'm a 'grade 2'. If I'm a 'flexible', that also mean i'm being paid under the nat.min (agriculture) for that grade by 31p per hour.

 

Also, if my contract (only verbal) was 20-30 hours ,,anything I do over 30 hours is overtime - right? (min rate is 10.44/hr)

 

From talking with a couple of people who have worked where I am for the past 10 yrs, I know my employer is going to try and avoid paying holiday entitlement when this 'temp' job comes to an end. I will give him the chance to 'do whats right', but I have every intention of going to a tribunal if he is paying under the minimum wage and refuses to make it up - and if o/t begins at over 30 hours for me, thats another 28 hours pay i'm owed. I've used the govt. on line calculator to work out my holiday entitlement and as i work irregular/casual hours, and based on total hours worked, there's 44 hours (+51 mins ) holiday pay due.

 

I'm really going to spoil his day when all this comes up.

I printed loads of info off the government site for a worker that's been there 10yrs+. Unfortunately, it ruined his afternoon because he can't believe how badly this guy has been 'illegally' employing him for the past decade. example: works 40 hour week, only given 20 days holiday (should be 29) and then only paid at 30 hours per week. Also paid under minimum wage for grade, no contract or any other written statement of employment particulars (i've not got one either), and never had a payslip!

Edited August 23, 2013 by stikky62
Best to get it saved before writing more. Pc has a habit of blue screening lately :-D

[citizenkain]

thats farm work for you! its always very casual thats why there are so many people that come and go on these jobs,they go when they know theyre being made a mug of! I dunno if your over 30 hours idea is gonna be classed as overtime though,you dont have a contract anyway so it wont make any difference,you would need to be working somewhere at least a year or two before it would be worth your while trying to take anybody to a tribunal,as you will soon be told if you make a few phonecalls instead of printing loads of info off a government site! theres a reason why these jobs are low paid,the employer gets away with it cos no one sticks it,folk usually get burnt out with these kinds a jobs after a few months,you did,your mate thats worked there for 10+ years must be working there cos it really suits him,near the house or something,what I would say to you,if youve got any ambition at all,get yourself out of their as soon as you can,dont waste your time talking about tribunals,these people on the farms have heard it!

[stikky62]

thats farm work for you! its always very casual thats why there are so many people that come and go on these jobs,they go when they know theyre being made a mug of! I dunno if your over 30 hours idea is gonna be classed as overtime though,you dont have a contract anyway so it wont make any difference, you would need to be working somewhere at least a year or two before it would be worth your while trying to take anybody to a tribunal,as you will soon be told if you make a few phonecalls instead of printing loads of info off a government site! theres a reason why these jobs are low paid,the employer gets away with it cos no one sticks it,folk usually get burnt out with these kinds a jobs after a few months,you did,your mate thats worked there for 10+ years must be working there cos it really suits him,near the house or something,what I would say to you,if youve got any ambition at all,get yourself out of their as soon as you can,dont waste your time talking about tribunals,these people on the farms have heard it!

 

This job is only due to last a few more weeks anyway so 'getting out' is not a problem and won't cause any when I have to go back to signing on (not looking forward to all that cr#p again) ;-)

I do have a contract allbeit in verbal form at the moment. When I'm told I only have a week or so left until the end, i'll ask the employer for a written contract or statement of employment particulars which he should have legally given me within 2 months of starting work. I don't think he'll give me one though, or it will be different to what he said when I started - we'll see I could be wrong but I don't see how it makes a difference with regards to the main problem I have - no holiday entitlement - because wage slips and bank statements have that area covered. They prove I have been working for him and for how long and therefore I'm legally entitled to holiday pay from the first hour I started (@12.07% for every hour worked).

 

I dunno about 'you would need to be working somewhere at least a year or two before it would be worth your while trying to take anybody to a tribunal'. Maybe if I was looking at unfair dismissal that would be the case. I will be making a few phone calls and getting all my facts together before I go ahead with anything, but one way or the other I won't be letting this employer get away with it - Unlawful deduction from wages (no holiday entitlement/pay and 'possible' unpaid overtime) and paying below NMW (to be confirmed). He also expects us to be there 10 minutes before we actually start work each morning so I'm adding all those up too, as it is illegal if he doesn't pay us for it!

'They' will keep getting away with it if no-one stands up to them. Tribunal or small claims - i'm easy. I'll have to wait until I'm back on JSA to get the fee's waived, but I'm determined not to let him get away with it.

 

btw, it's not a farm it's working in huge greenhouses and I'm far from burnt out. You're right about no-one sticking it though. I'm in my 50's and I've seen several students come and go in a matter of days after getting the same job as I do. They can't handle the hardwork let alone anything else,,, bless 'em

You know, apart from my issues with this guy above, he really is lacking in social and management skills and has the worst attitude i've ever come across from an employer. I thought slavery was outlawed but apparently not. He used to go absolutely ape**** at the young lads if he thought they were 'slacking' and in his own words 'taking the ****',,, effing and blinding all over the place at them until one day I'd finally had enough and pulled him on it. That changed his attitude slightly towards any new lads that have started since, but he's still either unaware of employment laws or is blatantly ripping people off. Either way I'm going to put a stop to it (I hope ).

Edited August 24, 2013 by stikky62

[citizenkain]

well good luck with that!