A Short World-Wide-Web Compendium Of » Employment Law In Uk
employment law question? UK only.?
I have been employed as a Bank Nurse in a private nursing home. I have worked for them for over 2 years now and have never been given a contract to sign.
I work 12 hours per week - that's one nightshift. I have recently learned that the manager is taking on more staff and I'm worried about losing my hours. I'd like a permanent contract - something the previous manager was going to sort out for me, but then the home had some problems and she left.
Can the new manager take my hours from me because I don't have a contract, or are they obliged to still let me work them and are they breaking the law by not having given me a contract sooner?
I know that I should have asked for one before now, but I have two kids, one with special needs, and I just didn't consider it. I'm worried that because I can only work one shift a week that I get pushed out. All the other nurses can commit to more hours, but I still need my job!
What should I do?
Technically, an employer is supposed to issue you with a contract within 8 weeks of you starting. However not having done this wouldn't really be classed as "breaking the law" - it's one of those things that lots of employers do forget, and clearly you've never chased them up about it.
Normally, if you haven't signed a contract, then this isn't actually a problem - because you've been turning up for work and they've been paying you, a contract of sorts has been established and you have exactly the same rights as any worker who has signed a contract. They certainly can't just dismiss you with no notice or no reason.
However, in your case, my understanding is that the term "bank nurse" means someone who is employed to cover shifts on an irregular basis, e.g. if other staff are on holiday or sick. Thus you are not actually *guaranteed* a set number of hours per week. In order for you to be guaranteed these hours, your title would be "part-time nurse" or something, not "bank nurse". Therefore I wonder if there would actually be any protection under employment law for you.
Your first step should simply be to talk to your manager about your concerns. Clearly I don't know what your relationship is like, but most employers value staff who have been there longer as they obviously have more knowledge about the place, and therefore would prefer to accommodate you over new staff that are being hired.
A word of advice though - all too often, judging from what I've read in this forum, people create problems for themselves by going into a meeting already on the defensive, trying to quote employment law to their employers and telling them that they're in the wrong. DO NOT approach it like this. Simply outline your concerns about losing your hours, state that you'd very much like to retain your hours, and let them take things from there.
Employment Law by Tamara Lewis (8th edition)
Tags: career, employment, jobs, law, reference