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.
Do you work set hours/days?
yes at the moment I work 24hrs per week
Over how many days?
when they say you will be paid on a casual irregular basis what do they mean - have they indicated how that may affect your allowance?
in my contract it says we are allowed 20 days ,however they have now decided that we were getting too many days holiday so have now amended our contract and want us to sign it. I'm confused about the casual/irregular
I will still be doing my set hours
When exactly did you start working there?
ok let me get my response ready please
are you able to help me?
Yes but as mentioned I need to get my response ready
By attempting to change your holiday entitlement, the employer is basically trying to change your current contract of employment. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:
If the changes are introduced without the employee's consent, then the following options are available:
1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.
2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you could generally consider resigning and claiming constructive dismissal. However, this is subject to you having at least 2 years' continuous service, which you do not have so you cannot claim unfortunately.
3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, again the requirement is to have at least 2 years’ continuous service, which you do not have. So technically the employer can dismiss you and re-engage you on the new terms without you having any comeback.
It means that the only potential way to claim this is to see how this affects you, for example if you are losing money from reduced holiday pay and then you can make a breach of contract claim to seek compensation for the difference in pay.
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