Employment rights, not sure what to do....?
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Employment rights, not sure what to do....?
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I started a job in Oct 08 and worked there for 2 wks and then went on Hol for 2 wks. (my new boss was made aware of this before he took me on) I had that time unpaid which was fine. It is a very small online business, 4 of us including the boss. When i started we were waiting for a new site as the old one wasn't the best shall we say. I agreed to start on a month by month temp basis as we were not always busy. The new site was supposed to be done june 2008 so it was already late. My boss is very all over the place alot of the time, he is depressed cos of the site and he reguarly is angry and swears in our presence. None of us speak in the office as the atmosphere is so bad around him. He is a very nasty, vindictive person who reguarly bad mouths customers if they create problems for him. He once asked me if i knew much about my rights as an employee, at the time i didnt and told him that. a few months later i enquired about hols again and he sort of hinted that as i was temp they wouldnt be paid. The new site has arrived but the business is failing and he isnt paying alot of the bills, we all had a meeting and he gave us a date for all the work on the site to be complete by 2nd june. It would then be a year since he paid some guy to do the work which i can understand cos he said it would only takes 3 months to complete. my boss said that on that date if the work wasnt done we would be closing. The work is mostly done now and we have had the site for 5 weeks. but its not getting any busier so now he has changed what he is saying and says if it doesnt get busier by the 2nd june were closing. He hints only to me all the time that we are closing soon and lies to us all all the time. I want to go away for 2 weeks in july and told him the other day. he made out that we may not be here then but he sort of said it was okay. I dont believe he is willing to pay me for these hols even tho i will have worked there for 9 months, I still havent even got a contract. I have never signed anything i dont know what hols im entitled to and if he does shut the business am i still owed my hols. Im really unsure what to do about this sorry for the long question. also i have never once had a day off sick and i have only had half a days hol since i have been there and he paid me for that. He makes out he knows not much about hols so brushes over the questions. As we now have the new site i was told i would be permanent and its not happened what can i do?
Additional Details
i'm in uk thanks
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fengirl2
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First of all, the fact that you turn up for work, do the work and are paid constitutes a contract under UK employment law. What you don't have is written terms and conditions, but in that case, the statutory terms apply.You are entitled to 24 days holiday a year, including bank holidays. The entitlement starts from day 1, so if you wanted to go on hols after only a month, you would be entitled at that time to 2 days paid. Entitlement goes up to 28 days from 1 April this year. You are therefore entitled to take holidays and must be paid. Until you have been there for a year, they can sack you at any time with no reason (except for reasons to do with discrimination).
It sounds like a poor outfit, but a job is a job - cannot advise you whether to leave, but the above outlines your rights. |
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EasyShopper
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What country (and US state, if applicable) are you in?
In general in the USA there's no right to any holiday pay no matter how long you've been employed...just tradition and expectations.
But among the expectations is that temp workers get paid only for the hours they work...no sick pay, no holiday pay. |
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