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DMR
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« on: Monday, January 23, 2006, 10:50:22 » |
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right gents, wondering if you can help me out a bit:
i work at morrisons, and our contract hours were generally ignored... i worked every monday, thursday and friday nights and sundays.
however, personnel cracked down and said to my boss that we can only do our contract hours... mine are thursday night (fine) and saturday. when i joined, i said i can't do saturdays and i want sundays... they said fine.
however, when i got my contract it was wrong... it offered thurs and saturday: therefore i never signed it. my boss is being a real cunt about it and has basically threatened me with my job... do i go over her head and straight to personnel and try and get a new contract?
ta
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Asher
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« Reply #1 on: Monday, January 23, 2006, 10:52:52 » |
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Yes you bdo, it was a verbal contract which in employment law should stand you in good stead. Id look for another job fella.
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DMR
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« Reply #2 on: Monday, January 23, 2006, 10:53:35 » |
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 asher can you come over and sort them out? |
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Asher
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« Reply #3 on: Monday, January 23, 2006, 10:55:34 » |
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ha ha me?!?! Im not a violent man, but fuck me I hate jumped up twats in a workplace!
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DMR
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« Reply #4 on: Monday, January 23, 2006, 11:00:14 » |
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She's a jock as well.
I'll ring HR later.
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pauld
Aaron Aardvark
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Posts: 25436
Absolute Calamity!
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« Reply #5 on: Monday, January 23, 2006, 11:05:13 » |
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Really, really not sure about this, but I had a similar "Is my contract enforcable if it's not been signed?" question last Sept when they shut down the office where I worked and we were trying to work out good VR terms. Didn't become a big issue in the event, but from the brief chat I had with a leagle beagle around that time, the advice was broadly that a contract could not be enforced by an employer if you hadn't signed it, however they (or you) could argue that a de facto contract had been established by the mutually accepted working conditions (ie what you have been working). So if that is the case and if it applies in this circumstance it seems that you've got that on your side (ie that your written contract is less enforcable than what you've been working). But I'd get that checked out properly if I were you before relying on it - there's bound to be some subtelty that I've missed (e.g. the advice I got maybe only applied to some aspect of the contract that I was especially asking about or something like that). Probably worth ringing CAB or if you're in a union ask them.
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DMR
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« Reply #6 on: Monday, January 23, 2006, 11:16:27 » |
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I forgot I was in our union, I am though.
Not really a big issue, ultimately I'm just a till-boy, but I don't want to be wasting my time fucking around for weeks trying to get this sorted, what with a gap year then uni on the horizon, I need to be working decent shifts.
Grrr.
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STFCBird
Ralphy's Wet Dream
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Posts: 10673
C U Next Tuesday!
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« Reply #7 on: Monday, January 23, 2006, 11:18:54 » |
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Tesco's did the same to me dave when I worked there many moons ago, on my contract it said 4.30pm - 10.30pm when it should have been 5.30pm. I was at college til 5pm the stupid cunts. I dealt with it by talking to the personnel manager and stealing a few bras.
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DMR
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« Reply #8 on: Monday, January 23, 2006, 11:24:10 » |
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I stole a pair of nail clippers last week, which is pretty pointless as I bite my nails.
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pauld
Aaron Aardvark
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Posts: 25436
Absolute Calamity!
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« Reply #9 on: Monday, January 23, 2006, 11:33:17 » |
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I think you should follow bird's advice dave and steal some bras!
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STFCBird
Ralphy's Wet Dream
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Posts: 10673
C U Next Tuesday!
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« Reply #10 on: Monday, January 23, 2006, 11:38:15 » |
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Stealing and avoiding the staff strip search, fucking quality  |
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Batch
Not a Batch
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Posts: 57754
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« Reply #11 on: Monday, January 23, 2006, 12:06:48 » |
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You are in the right (at least morally). But like everyone you need the money to put food on the table. How long have you been there?
My personal opinion (obviously not a legal opinion):
I wouldn't jump in straight over your bosses head, you have to work with them after all. So I would try and discuss it with them first calmly. If that is not possible/already done I'd ask/tell them you will refer it to somebody higher because although you value there point of view, it is a massive issue for you.
Personally I'd back everything up in writing too listing what you said above (keep a copy). It may be a bit OTT but save arguments about who said what later.
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DMR
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« Reply #12 on: Monday, January 23, 2006, 12:16:41 » |
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Been there about 5 months now, I keep telling my boss I can't do these hours and she says tough, thats the contract.
I wouldn't be going over head to get her done, just to get some hours that suit me.
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Batch
Not a Batch
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Posts: 57754
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« Reply #13 on: Monday, January 23, 2006, 12:20:35 » |
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Not sure what right you have with 5 months service (legally).
I appreciate you aren't going over her head to be spiteful, but it might seem like it to her if you don't at least mention it.
just my opinion.
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DV
Has also heard this
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Posts: 33885
Joseph McLaughlin
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« Reply #14 on: Monday, January 23, 2006, 12:23:16 » |
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GO ON STRIKE!!!
Is there someone in a similiar position to you, but with the days the other way round...ie contracted for Sundays but would rather work Saturday....maybe you could sort it that way?
so and so will do my saturday shift and I'll do their sunday shift
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