Any equestrian empoyment law experts on here?

[LuckyRed]

Hi there

A young friend of mine has just been 'let go' by the showjumping yard she was working for (been there about 4-6 weeks) because they had lost one owner (with 7 horses) and therefore couldnt afford to pay her any more. They've given her 2 weeks pay but she's now back looking for work again.

While we were chatting I asked her what her contract with them had said about how much notice was required etc and apparently she didn't have a contract with them or her last employer (a showing yard).

Is it normal in the equestrian world not to have contracts of employment? And if so, how come? Should she ask for one at her next job (when and if she finds one) or would that mean she probably wouldn't get the job?

Cheers

 

[Pearlsasinger]

She did have a contract with them, even if only a verbal one. Employment law usually applies to those who have been employed for a considerably longer time than 4-6 weeks. She has done quite well to get 2 weeks pay for not working, imo.

 

[its_noodles]

agreed. lucky to get 2 weeks pay these days. just tell ur friend to try again...

 

[Nugget La Poneh]

The 'contract' will have started the moment your friend started work. In terms of written statement of employment, this is normally within 13 weeks of the 1st day of work. As a general rule, contract termination is the length of time between paydays (so if you get paid weekly, then a week etc.) but this isn't always the case.

As the others have said, she is lucky to have got 2 weeks pay up front and I would think quite carefully about steering her in the direction your post is suggesting.

 

[measles]

It appears to be commonplace that staff in equestrian jobs don't have contracts, something I was totally unaware of until our member of staff looked in surprise at the contact I handed her to look over when she started. The British Grooms Association have a template on their website and so there is really no excuse for a genuine and above board employer not to have them in place.

 

[LuckyRed]

Thanks for your thoughts! Her previous employers seem to have been nice people who have just lost the money to pay her - one of the problems of a small professional yard with a couple of major clients, I guess - and she is grateful for the 2 weeks pay!

Surely a 'verbal contract', while it may be valid in law, doesn't cover stuff about sick pay, insurance, statutory notice etc? Or does it? The issue of insurance (or lack of it) is quite scary too - considering she was jumping 1.40 jumps with them!

I've sent her a link to the British Grooms Association website so she can read up on stuff!

 

[martlin]

The fact that she didn't have a written contract (and actually, technically, she didn't need one, she just should be supplied with written terms of employment within 3 months of starting work), doesn't mean she wasn't covered by the yard's employer liability insurance; she would be entitled to statutory sick pay (after appropriate period of employment) regardless of what her contract said; and as has been pointed out, the notice period equals pay interval... so no, not particularly scary at all.

 

[Nugget La Poneh]

In regards to insurance, she would be covered by BHS gold, and for £6/month is definitely worth it, if only for the legal side.

 

[LovesCobs]

I employ people (though not equestrian) and you can let someone go for no reason at any point in the 1st 2 years. I would always give notice, 2 weeks pay is fair I would have said. with a verbal contract 1 week would probably suffice. you can check on the direct.gov website for any employment issues I think. sorry to hear she's out of work now

 

[honetpot]

Employment law applies to everyone who is employed whether they have a written contract or not
http://www.hse.gov.uk/workers/employers.htm
http://www.hmrc.gov.uk/employers/index.shtml
https://www.gov.uk/contract-types-and-employer-responsibilities/overview
https://www.gov.uk/contract-types-and-employer-responsibilities/fulltime-and-parttime-contracts

 

[Sugar_and_Spice]

The important part is whether the employers take the national insurance number or not. Regardless of whether the earnings are enough to pay tax or national insurance on, the NI number will be needed to put the employee 'on the books'. If the employer doesn't want the NI number, its because the job is an illegal cash in hand job, where the employee has no rights and the employer probably has no liability insurance etc. OP it is common for animal related jobs to be like this (that doesn't make it right, or ok!). Equestrian employment law is no different for employment law for other industries.

Nugget la Poneh BHS membership insurance wouldn't cover someone who is being paid for their time, i.e. an employee or self employed person. It only covers leisure riders.