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Legal or not? halving of weekly hours worked..

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pastafreak | 00:16 Wed 13th Aug 2008 | Law
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Please bear with me as this may take a while. Until this time last year,I was working in a residential nursing home as a kitchen assistant/relief cook .In September of last year,it was announced that the home would be changing ownership and use. The transference of use took place in the middle of October of last year,and aproximately 1/3 of the staff stayed on. I stayed on,taking over the cooks position...I stayed in this position until late April of this year. It was agreed at the time of takeover that all contracts would be honoured-I believe for a period of 3 months,at which time new contracts would be issued.-but I do not know this for fact. I worked 25 hours per week during this period.Well-this company sheds home managers like a snake sheds its skin.....upheaval is constant. In the home I worked in,during a 5.5 month period we had 3 managers. In April still without a new contract,I was offered the position of full-time cook in another home owned by the same company.I was now working 40hrs per week.....in the intervening 3.5 months we have had 3 managers-the one who hired me quit the following week. Each manager promised to look at all contracts,and issue new ones where necessary. Nothing ever was done.The home has now taken on a second cook....the original intention was this would be someone who would fill in in my absence. Instead-without consultation-it has been made a job-share. My hours have been cut from 40 to 20.

My question is: In light of the fact that my original contract was isssued for 25 per week., and may or may not be still in effect.......is what they are doing legal??
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Good luck with the answers pasta! x
lol i was thinking that too. have you read your contracts small prints Pasta?? maybe u need to seek advise from the jobcentre? or C.A.B ?
Question Author
Ta!! x
Firstly, it's worth pointing out that a verbal contract is theoretically just as binding as a written one. However, in the absence of independent witnesses to a verbal contract, it's really what was put in writing that matters.

The law states that you should have been given a �written statement of employment particulars� within two months of starting work (or within two months of starting a new contract):
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002790 5

The employer can't normally change the terms of that contract, without your agreement, unless there are collective bargaining arrangements with a trade union. (If so, your contract might be varied even though you're not a union member):
http://www.direct.gov.uk/en/Employment/Employe es/EmploymentContractsAndConditions/DG_1002807 9

There's prima facie evidence that the employer has acted unlawfully but that's based upon what appears to be a verbal agreement, rather than a written contract. (As previously stated, a verbal agreement theoretically carries as much weight as a written one but, in practice, it's almost impossible to prove exactly what was said).

You need to seek expert independent advice. Fortunately, that's available from ACAS by phoning their helpline on 08457 47 47 47 from 0800 to 1600, Monday to Friday. (Expect to spend ages getting through but it should be worth the wait).

Chris
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Thanks chris.....that will help me a lot!!....I will spend one of my 'new' days off on the phone,if need be.
Hi Chris! There you go - just as I said. You come up with some good info when people want it.
Hey Chris, following on from last night's thread - did the human flesh taste anything like something you've tasted before? Any other meat perhaps? Just curious!

Sorry to interrupt, pasta.
Question Author
YIKES !!!..what did I miss last night???
Don't even go there pasta!!!!!

However, he said it wasn't all that pleasant didn't he?
Pasta, it was a very interesting thread, at the end of it Chris told us that he'd tasted human flesh (that wasn't the main subject of the thread though).

Chris did say he'd happily continue the conversation (at least I think he said that).

Give me a minute and I'll put a link up for you.
With apologies to PF:

It was grey, totally tasteless and rather gristly. (I don't think boiling it was probably the best method of preparation. Never trust medical students to cook anything!)
Thanks for that, Chris. Don't know why, but I imagined it might taste like pork!
Question Author
pf: mind is boggling!!!
Hi pasta, sorry cant help with your Q, but I hope it all works out OK for you xx
Well it'll be boggled even more once you've read it pasta!

No, seriously, it was an unusual thread, and Chris was very frank about it - and it was very thought-provoking!
Mwhahaha!!! The only time I'd ever do that, is if , like when that plane crashed some years ago, and it was a case of eat the bodies or starve.
I know it sounds terrible, but I think self-preservation'd kick in.
Question Author
Hi petal!!......I am going to read this ....ummm..thought provoking link now...
Well you wouldn't like to eat me pasta - there's not much to tuck into!!!!
Well if anybody wanted to eat me, I could feed a family of four for about 3 weeks!

There's plenty of fat on me!

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