No contract from employer

[Deleted User][Deleted User] Posts: 441
Forum Member
My new employer has failed to give me and my work mates a contract after nearly two months of working for them.

When asked if we would be getting contracts, our boss simply said: 'we don't do contracts'.

Do they have to give us a contract by law? Without a contract will it be easier to sack us?

Also, since i don't have a contract can i refuse to work a certain day? I need a day off near xmas for a friend's birthday. I don't think my employer will be happy about this as the shop is likely to be busy around then. Can he sack me/discipline me if i refuse?

Comments

  • [Deleted User][Deleted User] Posts: 365
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    Your employer doesn't have to issue you with a written contract, however it doesn't mean that your employer can escape the statuatory contractual obligations that would appear in any contract. Such as holiday pay/sickness pay etc.

    Your employer would do well to have contracts drawn up as it protects the interests of all parties concerned.

    With regards to taking a day off without consent. Your employer has the right to refuse your request for holiday due to the requirements of the business. Taking it without consent can be classed as gross misconduct and could lead to a verbal warning, or perhaps even dismissal. Be careful how you tread. My advice for food relations with your employer would be to try and maintain a good relationship. Ultimately, he pays your wages....
  • [Deleted User][Deleted User] Posts: 32,379
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    I know it's only been a few months but ACAS website will give you all the answers you need.

    You can also phone them for advice.

    ACAS
  • The KenzThe Kenz Posts: 1,570
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    Your employer doesn't have to issue you with a written contract, however it doesn't mean that your employer can escape the statuatory contractual obligations that would appear in any contract. Such as holiday pay/sickness pay etc.

    Your employer would do well to have contracts drawn up as it protects the interests of all parties concerned.

    With regards to taking a day off without consent. Your employer has the right to refuse your request for holiday due to the requirements of the business. Taking it without consent can be classed as gross misconduct and could lead to a verbal warning, or perhaps even dismissal. Be careful how you tread. My advice for food relations with your employer would be to try and maintain a good relationship. Ultimately, he pays your wages....

    Strictly speaking that's true, but slightly misleading. An employer doesn't have to provide a written contract, but does have to provide a Written Statement of the main terms of the contract. This link should help.

    I agree 100% with everything else in your post, though. Taking unauthorised time off is daft if you want to continue working for an employer.
  • Roger MoreRoger More Posts: 561
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    My advice for food relations with your employer would be to try and maintain a good relationship.
    I agree. buy him a doughnut once a week.
  • [Deleted User][Deleted User] Posts: 5,219
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    Once you've worked a certain length of time on the same terms, doesn't it count as a contract? It would be good to get a written one though, and it would benefit the firm as well. CAB are quite good with this sort of thing.

    Have you actually asked about your day off? As it's quite a long way off, they might be okay about it, esepcially if you offer to help sort out cover.
  • [Deleted User][Deleted User] Posts: 1,969
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    Sorry just have to say there is no way on earth i would work for a company that "doesn't do contracts".
  • [Deleted User][Deleted User] Posts: 2,399
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    CTUaholic wrote: »
    Sorry just have to say there is no way on earth i would work for a company that "doesn't do contracts".

    I agree. They are either unscrupulous or they just can't be bothered.
    If they aren't going to take your employment seriously, I wouldn't bother taking the job seriously.
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