Where do you report shonky employers to?
Discussion
This is related to my other thread about Unfair Dismissal.
It seems to me that this employer is a right b
d, who employs people without contracts, as it gives them very little protection when he does decide he doesn't like the cut of their jib.
My understanding is that noone is on contract, and I thought that was now unlawful...where would you report someone like this to? Surely not the police?
It seems to me that this employer is a right b
d, who employs people without contracts, as it gives them very little protection when he does decide he doesn't like the cut of their jib. My understanding is that noone is on contract, and I thought that was now unlawful...where would you report someone like this to? Surely not the police?
RtdRacer said:
This is related to my other thread about Unfair Dismissal.
It seems to me that this employer is a right bd, who employs people without contracts, as it gives them very little protection when he does decide he doesn't like the cut of their jib.
My understanding is that noone is on contract, and I thought that was now unlawful...where would you report someone like this to? Surely not the police?
DWP?It seems to me that this employer is a right b
d, who employs people without contracts, as it gives them very little protection when he does decide he doesn't like the cut of their jib. My understanding is that noone is on contract, and I thought that was now unlawful...where would you report someone like this to? Surely not the police?
Most employers aren't regulated by any organisation, and there is no one to report them to. If they act unlawfully, they can be sued. Even if an employer is regulated, the regulator won't always be interested in employment beefs.
If an employer regularly acts in breach of equality law, a complaint to the Equality and Human Rights Commission might be worth making, but an employer that routinely disregards other aspects of employment law can only be tackled through individual claims against the employer.
EDIT: see also below re enforcement of minimum wage and working time by HMRC.
There is no right to be provided with a written contract of employment, but there is a statutory right to be provided with a written statement setting out certain particulars.
If an employer regularly acts in breach of equality law, a complaint to the Equality and Human Rights Commission might be worth making, but an employer that routinely disregards other aspects of employment law can only be tackled through individual claims against the employer.
EDIT: see also below re enforcement of minimum wage and working time by HMRC.
There is no right to be provided with a written contract of employment, but there is a statutory right to be provided with a written statement setting out certain particulars.
Edited by anonymous-user on Friday 18th January 07:45
Breadvan72 said:
Most employers aren't regulated by any organisation, and there is no one to report them to. If they act unlawfully, they can be sued. Even if an employer is regulated, the regulator won't always be interested in employment beefs.
If an employer regularly acts in breach of equality law, a complaint to the Equality and Human Rights Commission might be worth making, but an employer that routinely disregards other aspects of employment law can only be tackled through individual claims against the employer.
There is no right to be provided with a written contract of employment, but there is a statutory right to be provided with a written statement setting out certain terms and conditions.
So an employer can consistently break the law vis-a-vis the written statement, and unless an individual complains, there is no law enforcement body that will take an interest. Seems wrong somehow...If an employer regularly acts in breach of equality law, a complaint to the Equality and Human Rights Commission might be worth making, but an employer that routinely disregards other aspects of employment law can only be tackled through individual claims against the employer.
There is no right to be provided with a written contract of employment, but there is a statutory right to be provided with a written statement setting out certain terms and conditions.
As I posted in the other thread, you can educate the employer and feel good at the same time by way of the tribunal. In the case of your other thread, it seems your friend could be in line for a wopper of a payout. And he is entitled to the payout - to cover the holidays that should have been paid and notice that should have been given.
The company that has to pay out thousands through a tribunal soon learns to get their act together. The responsible boss/manager that caused the company to fall foul of the tribunal might also be disciplined by HIS bosses (assuming he is not the company owner).
Get it done and post back how it goes!
The company that has to pay out thousands through a tribunal soon learns to get their act together. The responsible boss/manager that caused the company to fall foul of the tribunal might also be disciplined by HIS bosses (assuming he is not the company owner).
Get it done and post back how it goes!
As we operate within a free market economy, subject to certain regulatory controls, I am not unduly troubled by the absence of a general employment law enforcement agency. I would not be that keen on some over arching supervising body.
Note that, in the case of breaches of working time and minimum wage rules, HMRC do have investigatory and enforcement powers, and can make orders for the benefit of employees, which orders employers can appeal to employment tribunals. This is a good thing, as the workers likely to be affected by such breaches tend to be low paid, not unionised, and often unable or unwilling to assert their rights.
Unions can also take action via tribunals on behalf of their members in cases involving failures of redundancy consultation.
Note that, in the case of breaches of working time and minimum wage rules, HMRC do have investigatory and enforcement powers, and can make orders for the benefit of employees, which orders employers can appeal to employment tribunals. This is a good thing, as the workers likely to be affected by such breaches tend to be low paid, not unionised, and often unable or unwilling to assert their rights.
Unions can also take action via tribunals on behalf of their members in cases involving failures of redundancy consultation.
PS: unfair dismissal payouts are rarely whopping, and are in any event subject to a statutory cap.
Edit: the current maximum is £72,300. This will rise to £74,200 on 1 Feb. Most successful claimants are awarded a lot less than this Statutory max tends to be at issue in cases involving senior execs, but in those cases the wrongful dismissal (ie contractual) claim is usually the most important thing, as that can be megabucks, and that claim is usually made in the High Court rather than in an employment tribunal, which has a limited jurisdiction in cases based on contract, most of its jurisdiction being statutory.
Edit: the current maximum is £72,300. This will rise to £74,200 on 1 Feb. Most successful claimants are awarded a lot less than this Statutory max tends to be at issue in cases involving senior execs, but in those cases the wrongful dismissal (ie contractual) claim is usually the most important thing, as that can be megabucks, and that claim is usually made in the High Court rather than in an employment tribunal, which has a limited jurisdiction in cases based on contract, most of its jurisdiction being statutory.
Edited by anonymous-user on Friday 18th January 07:50
TurricanII said:
As I posted in the other thread, you can educate the employer and feel good at the same time by way of the tribunal. In the case of your other thread, it seems your friend could be in line for a wopper of a payout. And he is entitled to the payout - to cover the holidays that should have been paid and notice that should have been given.
The company that has to pay out thousands through a tribunal soon learns to get their act together. The responsible boss/manager that caused the company to fall foul of the tribunal might also be disciplined by HIS bosses (assuming he is not the company owner).
Get it done and post back how it goes!
This is an old-school family firm - the manager responsible is the big boss, so he answers to noone. At the time the employee was at his house, collecting his wife's car to take it to the car wash. The company that has to pay out thousands through a tribunal soon learns to get their act together. The responsible boss/manager that caused the company to fall foul of the tribunal might also be disciplined by HIS bosses (assuming he is not the company owner).
Get it done and post back how it goes!
The problem for many small businesses is that the owner/managers start the business doing the work themselves and then end up being a manager without training. Then take on others and expect 110% out of them. They think they are Billy Big Boll*cks because they started the company and very often it never occurs to them that there are such things as laws until they run into problems (Tribunals, visits from Planning Dept or Environmental Health, Summons for non payment etc..). A tribunal should be a wake up call, but many owner/managers are generally just thick unfortunately and think they are the victim.
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