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No contract or handbook and been here 4 years

(15 Posts)
deardear Mon 03-Oct-11 12:59:04

OK so I am currently 20 weeks PG. I am having my 2nd scan next week then have to see MW and she will give me my MATB1.

I work part time 20 hours per week over 5 days. I have been here 4 years and so far have never had a contract of employment although it is a permanent job. I have also never received a copy of the staff handbook!

I have been sent a copy by email of our sister companys staff handbook which is quite different i think from my companys handbook. This gives 12 weeks at half pay then SSP. I am pretty sure I only get the standard where i am.

I have asked twice in the last month for a contract and also a copy of the staff handbook so i know where i stand. So far neither have been forthcoming sad

Where do i stand legally? I know if they dont give me a contract within 3 months of me starting they are breaking the law. I used to work in EL but dont know the ins and outs of ML that well anymore as youngest is 12!

Help!!

flowery Mon 03-Oct-11 13:44:05

Do you know there actually is a handbook? If so, can't a colleague show you theirs? Obviously you should have been issued it as well but getting a look at it anyway would be a good idea.

When you asked for a contract what did your manager say? Although yes they are breaking the law if they have never given you a written statement of your main terms and conditions, and although getting your established terms and conditions in writing would obviously be a good idea, you need to also focus now on ensuring your get all your maternity rights, which probably wouldn't be in your contract anyway.

Have you formally notified them of your pregnancy and of your proposed maternity leave dates yet? Have you any reason to think they will try to deny you your maternity rights in any way?

Grevling Mon 03-Oct-11 15:21:07

Has anyone been PG there before you can ask?

deardear Tue 04-Oct-11 07:32:20

The handbook has been changed since the person before me started. No one been pg before. There are only 4 full timers (and 2 off tgem arent in tge office 99% of the time) abd me part time.

Just a bit worried my line manager is going to get arsey as thats what they are like. I want 4 weeks holiday before i start ml and think tgey will not allow that - i have to have it between sept and end august and wont get it all in otherwise sad

Finbar Tue 04-Oct-11 07:40:27

Get up to date with your basic rights at the Directgov website or the Acas one - this includes your rights to accrue holiday and not have to take it all in one huge block; then keep at them for a copy of their policy.

All employees have te rights to a written statement of terms etc within month of starting ( I think it s a month - but it certainly isn't four years!!) Good luck.

KatieMiddleton Tue 04-Oct-11 10:01:44

Can you not just ask for a copy of the maternity policy as that's what you need?

Yes you should have been given a statement of employee particulars within 2 months of starting. Is it possible it is in your original offer letter or published on your company intranet if everyone has the same? It's not sufficient to have it just online but if it gives you the information you need then it might do for what you need now?

There is no legal requirement to give an employee a written employment contract. Just the employment

deardear Tue 04-Oct-11 10:51:25

I have asked twice for a copy of the my contract and the staff handbook - one of them contains information on maternity policy but i dont know which one!

I have asked the office manager, finance director, CEO and still not one forthcoming.

Will have a look at ACAS and direct.gov again and copy what i find out.

flowery Tue 04-Oct-11 10:56:49

Presumably you can put in a holiday request without sight of the handbook, and can notify them of your maternity dates as well. Have you done either of those things and what was the response?

When you asked for a copy of your contract/written statement and the handbook what was the response - you just say it's not forthcoming but what did they actually say?

deardear Tue 04-Oct-11 15:47:01

they said nothing - i have had no response although i have had read receipts. I sent it by email and sent it to line manager, FD, CEO etc as wanted to cover all avenues.

I have to ask line manager for holiday and she gets it ok'd by FD. I havent got my MATB1 yet but as soon as i do if i havent had anything off them then i will just whack it in with a request to take my remaining holiday before i start maternity leave.

deardear Tue 04-Oct-11 15:53:10

ok just looked at the direct.gov website and that says to tag it on to beginning or end of ML. As i would be into a new annual leave year when i go back i am going to tag it on to the beginning as planned.

KatieMiddleton Tue 04-Oct-11 16:25:31

confused Who sent you the sister company's handbook? And how do you know it has changed?

Is it possible you are asking for something they don't have? That's why I suggested asking for the maternity policy. That's usually in place even if not in a handbook. tbh i would not go to all the bother of writing an employee handbook for such a small number of employees. I would just make all policies available online or refer to the statutory legislation where that exisits if we have no additional provision.

Other than the non response to emails do you have reason to think your organisation would be difficult about you taking maternity leave?

Sorry the last bit of my previous post got chopped off. Unfortunately it was particulars that got chopped... blush

deardear Tue 04-Oct-11 21:38:08

I was told it was changing when i started. I was copied in on tge other email. The company is large but employees are based all round the country under umbrella organisations

flowery Wed 05-Oct-11 09:36:14

Can I suggest you actually speak to your line manager rather than emailing him/her? I may be wrong but it sounds like you are assuming they will be obstructive about x,y z without actually having a conversation.

deardear Sun 23-Oct-11 21:21:37

flowery i have pm'd you. hope you dont mind

Tanya2011 Sun 23-Oct-11 21:52:22

The details may be there on any intranet. Have a look.
Or perhaps tell HR you're pg? Seems as though you don't have the confidence in them.

Try these :

http://www.direct.gov.uk/en/Parents/Moneyandworkentitlements/WorkAndFamilies/index.htm

http://www.acas.org.uk/index.aspx?articleid=1753

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