ChatterBank0 min ago
Legal or not? halving of weekly hours worked..
35 Answers
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??
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??
Answers
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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
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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