4 of 5 Halloween Horror Stories Employment Law: a Textile Machine Operator receives no contract and worse pay

A new Machine Operator employee of a textile business was offered a role to work in a textile weaving business with the promise of an employee contract to follow.

He started his new job and worked there for 3 months, constantly asking to see his new contract of employment. He was being paid but his pay amount looked wrong to him. 

When his contract did eventually come through to him, 3 months late, it had stated his holiday entitlement incorrectly and his hours of work incorrectly, making him out of pocket by £5,000 per year on pay and 3-day per year on holiday entitlement.

He was angry as he had already handed-in his notice from his previous employment with good intentions.

When he tried to negotiate his contract terms, this was flatly refused by the employer.

Satinder Kaur, Trainee Solicitor, Employment Team
Lawson West Solicitors, Leicester

Was this legal for the employer?  Answer: Yes and No.

The employee should have sought written confirmation of the pay and holiday entitlement before taking on the new job – that was their responsibility to get right. The employer should have produced the new contract of employment before the employee handed in their notice – that was for the employer to get right. In this instance, a simple negotiation with one of our experienced employment solicitors, between the employer and employee, could bring about a mutually successful outcome.

If you have been affected in a similar way to our Halloween Horror Stories, or you have any questions relating to your employment contract or employee contracts, then please Contact Us here. We can provide supportive advice leading to sensible and successful outcomes.