Idiot boss, legal issues and other annoying stuff :o)

[Mully79]

My employer is a nightmare to deal with. From the start, I asked him for a contract. He kept putting it off again and again until months later I gave up asking. I've been there over 4 years now. During this time I went on maternity leave, and wrote up my own terms on my return, as I wanted to adjust my hours. He verbally agreed. These terms are hours worked and salary and don't include notice periods etc.

What's the legality of him not giving me a contract? This is a small company and I found out that no-one has ever had a contract from him - some people have worked there for 20+ years.

I also get paid weekly. As he and I bank with the same bank, he often pays everyone else on a Wednesday (so they receive payment on a Friday) and pays me on the Friday as it's an instant bank payment. He does this to alleviate cash flow problems. However MANY times he has "forgotten" to pay me on a Friday. Now, my husband and I check out accounts on the Friday and I often have to remind him to pay me. On the times he hasn't, he has paid me on Sunday or Monday, and offered to pay any bank charges etc.

Is this in any way legal? It's bad enough trying to balance bills and make ends meet, let alone worrying if your boss is going to remember to pay you on time.

[Mully79]

continued to say...

It also took him several weeks to give me my P60 (no surprise).

At the moment, he has bought an out-of-date copy of Sage, and is waiting for Sage to send him the 08/09 update. His old copy of Sage had a meltdown and he had to re-do payroll from scratch. So for the last few weeks he's been guessing our wages. They are only a few pence out each week, which he will reimburse when he sorts Sage out - but again, is this legal?

I've stayed here this long because I have a toddler and finding a new job with similar hours in the same profession is immensely difficult.

There's a possibility another job is on the horizon (thank goodness), but in the meantime, is there anything I can say to this idiot to stop p!ssing me around?

[Mully79]

Cheers Tetjam, typical answer from you :o)

Yes I guess I could've just quit my job in protest and lived off the state instead. Maybe popped out a few more sprogs to boost my income.

[Lil O'lady]

Please join a union Mully. This is precisely the kind of fight they take up on your behalf.

[Mully79]

Hi thanks for your replies.

I work for a small family-run printing firm, no more than 8 full time employees. Are there unions for these sorts of companies? I assumed unions were just for large companies with hundreds of employees.

[buildersmate]

Perhaps I can offer you an answer, in place of the bickering.
You do have an employment contract - read this link.
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1003710 9
This is the best place I know of for impartial advice in this area - you should also be aware of the free advice line that ACAS run - far more useful than joining a Union.
As you will read, the main parts to your contract are:-
anything he HAS given you in writing
custom and practice (i.e. what's been going on around the patch recently)
anything like a general document issued to all staff - like a general notice or handbook perhaps (sounds like a faint hope from this idiot).
Your terms and conditions are a combination of all of these things.
What he appears to have ever failed to do is give you a 'written statement of employment particulars'. An employer must give this to each employee within 2 months of their start date and it must include the following as a minimum:
your pay and how it will be paid, your hours of work, your holiday entitlement, the sick pay arrangements, notice periods, and information about disciplinary and grievance procedures.
You could pull him up on this, if he's that useless, he probably will do nothing.
Under statutory regulations, you accrue one week of notice period for each complete year of service - so for you it is now 4 weeks notice - unless his terms indicate more than this.

[buildersmate]

(Part 2 )

Regarding the pay being late business, this is just plain daft. Most employers deal with everyone's pay in one go - together. Once you pick up the payroll, you deal with it. To hold yours back just because he can save two days cashflow seems stupid to him. It�s yet another thing to remember. Instead that you get paid the same time as everyone else, or force the issue by saying you want the money paid into another account - a BS perhaps?
Paying you late is a breach of your employment contract - but it is not a criminal offence, if that's what you meant. You could sue him - but for inconvenience. What's the point? - better to force the issues, or leave. People who treat their employees like this shouldn't be in business.

Legally, your P60 has to be given to your by 31st May each year.

[buildersmate]

(Part 2 )

Regarding the pay being late business, this is just plain daft. Most employers deal with everyone's pay in one go - together. Once you pick up the payroll, you deal with it. To hold yours back just because he can save two days cashflow seems stupid to me. It�s yet another thing for a busy person to have to remember. Insist that you get paid the same time as everyone else, or force the issue by saying you want the money paid into another account - a Building Society perhaps?
Paying you late is a breach of your employment contract - but it is not a criminal offence, if that's what you meant. You could sue him - but for inconvenience. What's the point? - better to force the issues, or leave. People who treat their employees like this shouldn't be in business.

Legally, your P60 has to be given to your by 31st May each year.

[Mully79]

Thanks for a great answer, Buildersmate.

My mother started doing his accounts and is supposed to be taking over his payroll too one day per week. I'd hoped this would help matters as she's a great organiser, but she decided not to return as he's still not paid her after 9 weeks, and he won't give her the info she needs to do her job properly. She manages accounts/payroll successfully for a few other small businesses without incident. Needless to say she thinks he's a pr!ck.

Things are looking good with the other job, if takes off I can leave here by the end of the year, if it's not a success I'm going to build up freelance work whilst looking elsewhere too.

I'll read up on the employment terms, it sounds like I have some verbal and written terms (all instigated by myself) and of course through practice. I'd thought late payment was a criminal offence. The best option definitely seems to be get the hell out of here as soon as possible.

Thanks once again
Mully