haggis
6th February 2007, 19:36
Hi there, Im a (very) long time lurker! I was wondering if any of you guys know about UK employment law, or at least have any advice for my situation?
I was told 2 weeks ago that I was being given time off (a month or there abouts) because there was no work to do. Being told this, I was given the impression that I was being put on leave, until there was work again. (The reason for there being no work is because of weather conditions)
However I was not put on temporary leave. I was informed that I had been sacked (via receiving P45 on its own) last week. After investigation, it turns out that the fairer and proper route of temporary layoff, where my job is kept, was not used. Instead, my employer realised that he can simply sack me, keep the guaranteed statutory pay for himself, as well as not have to pay any redundancy compensation, because I have not worked with him for over 2 years.
Furthermore, several other factors were not followed by him. The day on which I was informed that there would be no more work for about a month was the last day on which I was paid. I was not given the required minimum of 1 weeks notice. Also, I was not compensated, as required by law, for the paid holiday leave which I am entitled to over this period.
The biggest factor, I feel, is that I was not given a statement of employment by my employer, within the initial 2 months of work (as required by law). I was unaware of this being so necessary (down to my stupidity really). It is my opinion now, that my employer deliberately did not give me a statement of employment, because that would therefore have to comply with my employee rights (the law), forcing him to pay me for holidays, sick leave, etc. It would have also given me protection over the entire issue of being sacked, because the period of employment would have also needed to be mentioned. I have read that punishment to employers for failing to provide this statement to employees is between 2 and 4 weeks pay.
For the issues of 1 weeks notice and holiday pay, the issue is black and white in terms of what I can pursue. However, the issue of not being given a statement of employment is much more complicated. Even the employment helpline I called could not help me with that.
If there is anyone here who knows a little about employment law, any help at all would be greatly appreciated. Any advice on what I can do in taking action against him would also help lots.
I am sure that you guys will realise that this is a case of principle and maintaining working class rights. I am not at all in this just to get some extra cash.
Thanks in advance to anyone who can help!
I was told 2 weeks ago that I was being given time off (a month or there abouts) because there was no work to do. Being told this, I was given the impression that I was being put on leave, until there was work again. (The reason for there being no work is because of weather conditions)
However I was not put on temporary leave. I was informed that I had been sacked (via receiving P45 on its own) last week. After investigation, it turns out that the fairer and proper route of temporary layoff, where my job is kept, was not used. Instead, my employer realised that he can simply sack me, keep the guaranteed statutory pay for himself, as well as not have to pay any redundancy compensation, because I have not worked with him for over 2 years.
Furthermore, several other factors were not followed by him. The day on which I was informed that there would be no more work for about a month was the last day on which I was paid. I was not given the required minimum of 1 weeks notice. Also, I was not compensated, as required by law, for the paid holiday leave which I am entitled to over this period.
The biggest factor, I feel, is that I was not given a statement of employment by my employer, within the initial 2 months of work (as required by law). I was unaware of this being so necessary (down to my stupidity really). It is my opinion now, that my employer deliberately did not give me a statement of employment, because that would therefore have to comply with my employee rights (the law), forcing him to pay me for holidays, sick leave, etc. It would have also given me protection over the entire issue of being sacked, because the period of employment would have also needed to be mentioned. I have read that punishment to employers for failing to provide this statement to employees is between 2 and 4 weeks pay.
For the issues of 1 weeks notice and holiday pay, the issue is black and white in terms of what I can pursue. However, the issue of not being given a statement of employment is much more complicated. Even the employment helpline I called could not help me with that.
If there is anyone here who knows a little about employment law, any help at all would be greatly appreciated. Any advice on what I can do in taking action against him would also help lots.
I am sure that you guys will realise that this is a case of principle and maintaining working class rights. I am not at all in this just to get some extra cash.
Thanks in advance to anyone who can help!