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kchad85 | 12:48 Mon 07th Sep 2009 | Jobs
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Hi

i have been working in the same place for nearly 6 years, 3 of which i have been a supervisor, for one possibly nearer two of the years i have been working 30+ hours and this week when the rota was issued i had 12 hours.

my contract has no specific hours but dont they become implied terms after a period of time? what are my rights

i am going to see the manager today but want to no where i stand before i go please help.

thanks
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Hopefully buildersmate will see this and help you, although I don't think he's been around since the new AB changes came in.
What exactly does the contract say about hours? Do you get told/asked each week what hours you will work?
Have you worked 30+ hours every week for the last year or so?
How are your holidadays calculated- how many hours holiday per year do you get? You could have lost out here if they are calculated based on less than 30 hours a week.
I think you should see what your manager says first, rather than trying to throw in legal arguments at this stage.
I haven't been around much because the new system is so useless.
Besides, I have outstanding business to conclude in the News section.
You are right about 'implied terms' but there is no hard and fast rule that says after x weeks y happens. Every case is determinable on its merits.
However, based on the data you provided, I think you have a reasonable case - but I would go into the next meeting in an exploratory manner, rather than a legalistic one.
At the very least you should have been given some notice of the change - say 5 weeks if you have over 5 years service.
At the end of the day, the employer can change your T&Cs of employment through consultation and then by giving you notice of the change - irrespective of whether it could be 'proven' that you actually have a 30 hours contract now (i.e. implied term). So go and find out what issue the employer is trying to solve and try and explore what alternatives there may be.

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