Diesel

Sorry if question sounds a bit trite, but someone was rather surprised I didn’t have a contract of employment yesterday, and mentioned it might affect redundancy payments etc…

It’s just I’m used to not having one – 3 employers in last 6 years and not a single contract forthcoming, despite repeated requests. Since then I’ve just got used to it being this way and am realistic that staff are only useful as long as the project is going and that they are doing a good job. No contract can protect you from a lack of those two! Also redundancy payments do not really apply in my industry – if the TV series ends it ends and that’s that…

Agreed notice periods apply both ways so knowing I could walk out tomorrow ‘on a principle’ and not get sued appeals (not that I ever would).

Any thoughts – particularly in relation to if the employer were to go bust?

Cheers

D

Brendan Hughes

Might save a big costly legal fight if the S hits the F.

If you look at statutory redundancy rather than contract amounts, you could be a bit shocked if you have a half-decent salary.

Not sure of other bits. Diablo seems to know his stuff on this subject.

NotoriousREV

In my last job I worked without a specific contract. When I got made redundant, I was promised a specified amount. When push came to shove, I ended up only getting the legal minimum amount (less than 30% of what I was promised).

From now on, I'll never work for anyone without an explicit contract.

STi VII

Is the TV industry like the Film industry? As my Dad worked most of his life on Film productions from being a carpenter, master capenter to construction manager making and in charge of the sets being built.
Looking back over his old paperwork it would seem that he had contracts and it did not matter if he was on the cards or self employed. If TV work is anything like the film industry then it is a very select group of people that are known to each other.
Also is it as volitile as Films? I can remember a few productions that started and finished on the same day due to a lack of funding. I would say a contract is important if everyone else in your field or on the production has one. I would only push for one if you could be 100% sure that you are the exception or if you have a strong union behind you.
I'm sure that TV pays as well as Films and it would be a shame to push yourself out or get a reputaion for being akward although saying that if you are the top guy in your field then it will not matter. As taking my Dad as an example to say he was a bit head strong is an understatement but they still used him for nearly forty years as he was very good at his job. If you have the confidence that there is not many people up to your technical ability in your speciality I would say go for it, if a contract is what you want. If you don't mind me asking what is it you do and what shows have you worked on?

Diesel

It's all based on rolling contracts so I really don’t see how redundancy would apply - ever. TV Industry management twigged that one a long time ago!

Sti – I don’t mind ruffling feathers, but need to know there is a POINT to it Your dad needed contracts as he was buying stuff in and looks like he was subcontracting other staff…? And yes this industry is TOTALLY volatile – had to pull a presenter on his first gig 5 mins before he stepped in front of the crowd cos the client told me SO late they didn’t like him. Hard seeing a man cry!

I’ve never worried about it before as a bit arrogantly I believe they need me; I’m useful and they would need 2 people instead of me (I look after a lot of tech kit stuff for the company which is rather unusual for an Exec)

I’ve worked on many shows, directing stuff like Des O’ Conor (Des ‘bought’ me a TVR cos I put the overtime in!) Blind Date, Top Gear, Pop Vids etc etc. Am doing lots of International Music stuff currently.

D

Missile Man

From the legal perspective, a contract can be verbal and not necessarily written. As regards employment, the contract forms the basis of terms of employment, but is difficult to prove if it is not in writing.

You may be referring to a "written statement of terms and conditions of employment" which an employer is legally obliged to provide within two months of commencement of employment.

If the employer fails to do this, you have a right to take the matter further - to an employment tribunal if necessary.

"If it isn't in writing, it hasn't happened" as they say. Personally I would never be comfortable without a written statement of terms, as they tend to work in the favour of the employee in most instances.

You will find some useful information in the "employment" section of the http://www.dti.gov.uk website

[Edited by Missile Man - 12/3/2003 10:38:03 PM]

[Edited by Missile Man - 12/3/2003 10:44:28 PM]

Blobster

Try my Wife's employment contract..."to work a MINIMUM of 40 hrs a week."

WTF?

In December alone she is rostered to work 64hrs above this. Ie, for free!!

And she wonders why I nag her to get IT SORTED.

Blobster

paulr

Yes.

Would you buy a car without a contract?....so why work without one?

Diesel

Thanks guys, and Missile for the link.

Diesel

DTI site >>Contracts of employment may be spoken or written and last for any length of time or be fixed. In law, employees generally have a contract as soon as they start work and by doing so prove that they accept the conditions offered by the employer<<

This one is better than I though too :
>>fixed-term employees will have a right to statutory redundancy payments if they have been continuously employed for two years or more and are made redundant <<

I'm not going to worry about it then - I have the payslips to prove my employment should I ever need to and am happy with the 'de-facto' terms

D

Diablo

Hi,

No, its not important at all in the event of your employer becoming insolvent as long as you are on the payroll.

The DTI only pay the statutory minimum anyway.

Different if you are a director, in which case it is very important to be able to prove "employee" status.

D