Employment Contract

[vikerina19]

Hi folks,

I think I know where my employer and me stand with this but wanted to know if i'm on the right lines.

Back in October sometime my employer changed my employment contract to increase the number of contracted hours I am to work. I do already work these hours, but my contract 'minimum' is less. I only found out because I noticed on my payslip...

what should their legal obligations have been?

 

[Citizen Smith]

Hi folks,

I think I know where my employer and me stand with this but wanted to know if i'm on the right lines.

Back in October sometime my employer changed my employment contract to increase the number of contracted hours I am to work. I do already work these hours, but my contract 'minimum' is less. I only found out because I noticed on my payslip...

what should their legal obligations have been?

Legally everyone has a contract of employment, this however is not always a written one - you can ask for a written copy and is it your right to have one.

If changes were made, then another written contract needs to be asked for / given to you upon request. I take it that you are getting paid for all the hours you now work though ?

Check out http://www.direct.gov.uk/en/Employment/Employees/index.htm

 

[vikerina19]

yeh I'm being paid properly. When changes are made to your contract do you not need to sign it/see it/consent to it? Else they could go a bit nuts with changes and you not know?!

 

[Citizen Smith]

yeh I'm being paid properly. When changes are made to your contract do you not need to sign it/see it/consent to it? Else they could go a bit nuts with changes and you not know?!

I know that 48 hours a week is the legal limit and that you need to give consent to work more than that, I'm not sure on the rest of details being changed - normally in my previous contracts there is a part that says ' the company may require you to work outside of these hours at some time and you will be paid etc for these hours as overtime at your rate' .

 

[vikerina19]

I only work weekends, so my contract (for the last 5 years since I started there) has been 10 hours. I have always worked 13 a week though (I'm not a lazy ass... lol). My managers took on board themselves in October to change the contracted hours to 13, with no consultation. I've since asked twice for a copy of my contract and my manager is too much of a pig to actually just do it - its apparently to much hassle and will now be done after New Year

 

[Citizen Smith]

Some more here http://www.worksmart.org.uk/rights/contract_changes

when you were doing 13hrs but min contract for 10, were the 3 extra paid as overtime or not ? It could have been a way for them to pay you 13 hours @basic rather than 10 @ basic plus 3 @ overtime rate .

 

[vikerina19]

I think a phone call to Colleague Services at Head Office is required...

 

[Citizen Smith]

I think a phone call to Colleague Services at Head Office is required...

Looking through all the stuff it does say that you are entitled to a written contract within 2 months of starting - i would therefore say it is also the same for when changes are made

 

[FDF]

If you were already working the hours on a regular basis it could be consent to the contract changes by your actions.

Ask for a written copy of your new contract of employment if you don't already have one.

 

[Focus Owner]

I thought my dad was joking when he said this along simular lines

Legally everyone has a contract of employment, this however is not always a written one - you can ask for a written copy and is it your right to have one.

 

[rallycinq]

If you were working 13 hours and your contract said 10, then your holiday pay would have been based on the 10 rather than the 13.

Now, you will be paid 13 hours for any holiday weekends.

You don't always get a new contract, though there should be a letter of variance that you sign.

Cheers

PD

 

[M111CYY]

when we make ammendments to the staff contracts we have to print 2 copies and have both copies signed. then ill give one to the staff member and keep one in personnel folder