Help re new job

[hammerman]

My wife started a new job yesterday as an assistant manager to a provider of care for the elderly. As the office has only just been set up (it's a new section of an established business), my wife was told that she would be expected to do some (and i stress "some") hands on care work until the office is up and running....which she had no problems with.

Yesterday, she started at 12 noon and got home at 10.30pm. This is pretty much the norm right the way through to xmas and that includes weekends. She now tells me that she thinks she won't be getting any additional payment or time in lieu for the extra hours worked.

I say "extra" hours worked....she hasn't as yet received her terms and conditions so she doesn't know what hours she's supposed to be working and when she asked about the extra time worked, the boss said "you won't get any more pay because you're salaried"

Now i've got a few alarm bells ringing over this. My wife tells me that she won't be getting any additional payment for the use of her vehicle either....she will have to pay all the petrol costs for going from client to client in her own car.

Because she's only just started, she doesn't want to start rocking the boat straight away and she's not the sort to kick up a fuss. My wife tells me that another lady started 6 weeks ago and hasn't had a day off yet.

Any suggestions what we should do ? should she have received her T&C's ? i'm very worried especially as she gave up a good job for this one.

Many thanks

HM

[Azalian]

Aren't these just the kind of things you need to discuss at interview?
Has she signed a contract?
I have a salary too but I recieve additional payment for extra hours worked.
Transport costs should certainly be covered by the firm.
Suonds like she's been sold a pup, sorry.
Can she get her old post back ar is it too late?

[woofgang]

YES she should have had t and c's and signed a contract based on them before starting work!!!!!!!! What if the t and c's say something like a years notice and you will go to quarter pay while you work your notice? That's far fetched but do you see what i mean?
I would also expect the office to be busier during setup of a new department, not less busy. As an aside, if your wife is using her car as part of her job, is she properly insured?

[jd_here]

She needs to get a contract of employment as soon as possible. She also needs to join a union too and, if her new employers keep 'putting on' her, then let the union rep sort out the problem, they are professional at that sort of thing. By the way, I am not a militant but a firm believer in fairness for all. If somebody else handles her case then it takes any personal 'grudges' out of the situation. Good luck, JD

[hammerman]

Thanks guys. Firstly, yes she is insured as it was part of her old job. My wife's not the most assertive of people and she doesn't like making waves. I honestly thought she knew about her T&C's but she didn't....hence a huge row last night when she got in.

Ive just written a list of things to ask her new boss but my wife's in a bit of a state over this. I think she will also ask for her old job back too.

Thanks again.

[horseshoes]

Yes, what Woofgang says about the car insurance is correct and very important that she sorts that out.

[4getmenot]

is she trained to care then?

[Buenchico]

(2 part post):

Mrs Hammerman should be given a written statement of employment particulars within two months of commencing work:
http://www.direct.gov...dConditions/DG_175704

As long as the employee's average pay (over a 13 week period) doesn't fall below the National Minimum Wage, employers are not obliged to pay staff for working overtime.
http://www.direct.gov...ndTimeOff/DG_10028439
(That link is well worth reading, as it covers far more than what I've written).

[Buenchico]

Adult workers should receive either:
an uninterrupted 24 hours clear of work each week ; or
an uninterrupted 48 hours clear each fortnight.
(While there are exemptions from the Working Time Regulations for staff working in '24 hour care' environments, it's unlikely that they could be used to keep anyone working for 6 weeks at a time):
http://www.direct.gov...ndTimeOff/DG_10029451

Unless your wife is genuinely self-employed,her employer should meet all necessary expenditure incurred during the course of her work (such as the costs of using her own vehicle).

Your wife needs to ensure that her car is insured for business use (and her employer should meet any additional costs incurred through changing the policy).

The ACAS helpline is an excellent source of advice:
http://www.acas.org.u...x.aspx?articleid=2042

Chris

[Chaffinch]

Buenchico, has stated the law correctly, but if your wife is working in a Management position, she should have established her T's&C's, and her salary before accepting the position. How is she supposed to supervise support, and advise her staff, if she has no understanding of her T's&C's let alone her staff's

[hammerman]

Thank you so much for all your help.

Firstly, she is insured to drive for business purposes as she also needed this for her previous job.

She went in yesterday and had a good chat with her boss about things. Apparently, no one there has any T&C's....and no one knows why. She going to contact head office today and ask about it. She came home a lot happier (at 5pm too) and has told her new boss exactly what she expects to be doing.

can i just say that she works for a company who provide live in carers or domicilary care to clients within their homes. My wife is responsible for organising the carers and who they go to etc. As this new branch of the company has just been set up, they have very few care workers at present although more and more are being employed each week.

This is why my wife (along with the other managers) is having to do a bit of "hands on" work until the office is fully up and running.

@ 4getmenot, Yes, she is very qualified (to NVQ3 standard) to be a carer.

Thank you all again.