Advice on working without a contract and sickness pay

[MmeLindt]

This is for my brother.

He works as a chef in a hotel/country club.

This week he cut his finger badly (due to the cutting board slipping - his manager had called it an "accident waiting to happen" - as it the board was not fixed). He went to A&E and had to have the finger stitched - it was a bad cut. He is signed off this week.

Not sure exactly what happened, this is all from my mother.

What emerged is that he moved to this new job several months ago and has not got a contract.

He does not get sickness pay - but they have offered that he can take a week's holiday to cover the week that he off work.

Can anyone tell me what the situation is - are they allowed to employ someone full time and not offer an employment contract.

Mum thinks that they may have outsourced the kitchen to a company and that they are the ones officially employing DB.

We are quite worried as he is the only earner in the family, he and his DW have 2 DC. He really cannot afford to lose a week's pay.

He is entitled to an employment contract or at least a written statement of particulars, which is basically a list of the main terms and conditions of his employment.

He should get SSP but that only kicks in on the 4th day. There's no obligation for the company to pay any extra sick pay so taking some holiday might be the best option if they are allowing him to do that.

Does he think it's a H&S issue, with the company being at fault?

He did not mention the H&S issue. He is a really sweet guy and is not the type to run to a lawyer and sue them. My Mum told me about that. Not sure if they are to blame, or if it can be proven.

So he should have some kind of written contract or statement? Will this affect his pension or claim to benefits?

No, as long as he has payslips proving his employment and that he has made NI contributions he'll be fine from that point of view.

Probably couldn't be proven anyway as you say, if they were at fault. My only thought really was that it could be something to help with the pay issue, more on a moral basis - if they are responsible for his injury then morally at least they ought to pay him at least something.

Tbh, even if they were to pay him SSP, he cannot afford to lose the 4 days pay. They are on a very tight budget.

Will have a chat to him about getting a proper contract. Would that have any advantages for him?

Bit worried that they could just turf him out tomorrow if they decided to. Would he have more rights if he had a contract?

The contract doesn't directly give any more rights but it does set out the key terms of employment so that there is no doubt. If, for example, his contract states that he will receive sick pay then his employer must pay up.

Thanks for the advice, all. Will have a chat with brother.