Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.Before proceeding please note that as I am a practising solicitor, I am often in and out of meetings, travelling between clients or even at court when I pick your question up. This may even occur at weekends. Therefore, I apologise in advance but there may be a delay in getting back to you and providing my advice. Please be patient and I will respond as soon as I can. You do not have to wait here and you will receive an email when I have responded. For now please let me know how long sshe has worked there.
Thank you for your patience. She cannot claim constructive dismissal because to claim she needs to have at least 2 years' continuous service. The only thing she can challenge here is her pay because under contract, even if one was not signed, she is getting paid than what was agreed. A contract does not need to be in writing to be legally binding and if she was promised a specific rate of pay and took the job on that promise, then it is most likely that this would be an implied contractual term and have legally binding effect.
She could make a claim to try and recover the difference from what she should have been paid but cannot force the employer to change the job and to allow her to work what she was promised. Unfortunately her rights are rather limited in that respect and it is a situation where she would either have to try and challenge it internally and hope that it works, or leave.
I would be grateful if you could please take a second to leave a positive rating - your question will not close and I can continue providing further advice if necessary. Thank you
Thank you for reply, she was given a contract the day she was advised of changes. There is no mention of a pay rate change depending on specific job, just a flat hourly rate. As a casual employee she was advised that there would be no regular hours as from 1st July, and would probably only be called in as holiday cover.