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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have been employed for nearly 2years caring for an elderly

Resolved Question:

I have been employed for nearly 2years caring for an elderly couple.My holidays were 20 days per year this has now been altered and we are now going to be paid for our hols on a 'casual/irregular basis even though my contract says permanent.This is this right?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today.

Ben Jones :

Do you work set hours/days?

Customer:

yes at the moment I work 24hrs per week

Ben Jones :

Over how many days?

Customer:

three

Ben Jones :

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?

Customer:

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

Customer:

I will still be doing my set hours

Ben Jones :

When exactly did you start working there?

Customer:

May 2012

Ben Jones :

ok let me get my response ready please

Customer:

are you able to help me?

Ben Jones :

Yes but as mentioned I need to get my response ready

Ben Jones :

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:



  • Receiving the employee’s express consent to the changes.

  • Forcefully introducing the changes (called 'unilateral change of contract').

  • Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.


 


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.

Ben Jones :

Before you try and exit chat can you please let me know if your original query has been answered or if you need me to clarify anything else in relation to it before I close this at my end?

Ben Jones :

Hello, are you there?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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