Any employment law experty types out there

[DaveShoelace]

My tarty bit works for a bleedin awful company, they are nice enough blokes but about as unprofessional as it gets. She has been there over a year and:

Has no contract, gets paid weekly, been asking for a contract since the start.
No pension option, no benefits of any kind
Doesnt get sick pay
No proper heating and no natural light (its a dingy little print shop place and she works in the office upstairs)
Promised a pay rise after a year, a year and a half later not even had a pay review

Are any of the above illegal/mandatory? I know the heating thing probably isn't and the sick pay too, but my understanding was employers had to give an option of a pension even if they dont contribute themselves. I am pretty sure the no contract thing, when she has been asking for one, is not right.

The only reason she is still there is because she is struggling to find a new job (recession and all that) and feels a bit guilty leaving (stockholm syndrome and all that)

[boldie]

No contract doesn't matter as she's been there for a year and a half so a contract is implied.

the only thing is the notice period obv, but again because she's been there more than a year they can't just sack her.

[DaveShoelace]

No contract doesn't matter as she's been there for a year and a half so a contract is implied.

the only thing is the notice period obv, but again because she's been there more than a year they can't just sack her.

What does that mean then, implied? Basically that they cant just sack her? Does that also mean she has to give a standard notice period rather than just sod off when she is ready to leave?

[Jon MW]

No contract doesn't matter as she's been there for a year and a half so a contract is implied.

the only thing is the notice period obv, but again because she's been there more than a year they can't just sack her.

What does that mean then, implied? Basically that they cant just sack her? Does that also mean she has to give a standard notice period rather than just sod off when she is ready to leave?

If anybody at an equivalent level there does have a written contract then she has the same terms as them, if nobody does then she has 'standard' terms.

Obviously that would be up to an employment tribunal to interpret, but for notice when paid weekly: weeks notice, paid monthly: months notice.
And employment tribunals tend to err on the side of the employee, the threat of this should be enough to make them behave themselves as long as they realise just how expensive it is for a company to go through one.


The extent to which they tend to be on the side of the employee means that although technically she still has to give notice, it's unlikely anything would happen if she didn't.

[StuartHopkin]

The above is a little out of date i think you will find.

You have to have at minimum 'written terms of work' outlining holidays, pay.
Employers have to offer a stakeholder pension scheme, as you say they dont have to contribute though.
She has the right to sick pay after 3 waiting days the minimum she can be paid is basic SSP which is about £70 per week
Heating and light not sure there is much you can do there though I think there is a minimum temperature your aloud to work at but it is very low!
Promised pay rises / reviews dont mean a lot if they arent in writing.

Also what Jon says about implied notice periods is wrong, it is 1 week for every years continous service upto a maximum of 12.

[Jon MW]

The above is a little out of date i think you will find.
...

wouldn't be surprised

Stakeholder pensions don't have to be provided if there are less than 5 employees though

This has the details of what are required in the written employment particulars - http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_175704