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I work for a traffic management company. I am currently awaiting…

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I work for a traffic...
I work for a traffic management company. I am currently awaiting a disciplinary hearing over failure to attend work. This happened three weeks ago, I have not been told I am suspended but have not been given any shifts in this time and so have had no pay, a colleague of mine was also having a hearing for the same reason at the same time but they have still been working full time. The company says I have to be available for 5 shifts a week but I don't get paid if I do not recieve any shifts. I have worked for this company for a year, have not had an employment contract or ay details of terms and conditions even though I have asked on several occasions. They have broken the rules on traffic management by having 2 untrained operatives on jobs where the highways agency states at least one operative should be a trained foreman. What rights do I have and what can I do about illegal working practices?
Submitted: 7 years ago.Category: UK Employment Law
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Answered in 1 minute by:
10/4/2010
Solicitor: Ben Jones, UK Lawyer replied 7 years ago
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,243
Experience: Qualified Employment Solicitor
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Hi

 

1. Exactly how long have you worked there for?

2. How many shifts on average do you get per week and are there weeks when you don't get any work?

 

Ask Your Own UK Employment Law Question
Customer reply replied 7 years ago
Worked there since 30th Nov 2009 and average shifts of between 3 and 4 per week. Yes there have been several weeks where I don't get any work.
Solicitor: Ben Jones, UK Lawyer replied 7 years ago

If you don't have a contract detailing what your weekly hours are, if there has been no specific pattern that you have worked for the last year and there have been weeks when you have not been given work, then it is unlikely you can claim you would be guaranteed work for any week. As such your employer does not have to guarantee you any work for this period.

 

Another consideration is the time you have been there - you have less than 1 year's service and as such you can be dismissed for more or less any reason by your employer, so long as it is not discriminatory (e.g. on grounds of your gender, race, religion, age, etc). So bear that in mind with the forthcoming disciplinary.

 

As to the illegal practices then you can report that to any regulatory body that your employer is regulated by, if at all. If you make the disclosures in response to the disciplinary then you can't rely on them not to be dismissed but you can certainly bring the practices to the attention of the relevant people.

 

Please press the ACCEPT button. You would still be able to ask any follow-up questions if necessary. Many thanks

Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 51,243
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