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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hi I have been working for a Bus company for 2 years on

Resolved Question:

Hi

I have been working for a Bus company for 2 years on a 30 hour a week verbal contract with my employees, it is a school contract of which i do 22.5 hours driving but still get paid for 30 hours, now my employees have said that i will only be paid the hours that I drive, can they enforces this with a written contract

Many thanks
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. can you please tell me if your employment with the company has been continual with no breaks.

Customer:

yes it has, started employment with them in Feb 2012 on a verbal contract, and have been working since then and still with them now

Ben Jones :


Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

Customer:

ok thank you, XXXXX XXXXX ask as well is the £22 a one of payment and not a monthly one

Ben Jones :

ok yes thank you it is a one of payment.

Customer:

thank you

Ben Jones :

Many thanks for your patience. A verbal contract can be just as legally binding as a written one and it would matter mainly on what the intentions of the parties to it were and what was agreed at the outset. So if you were employed on a verbal contract, but you had agreed what the terms you would be working under were going to apply to your working relationship, these would be the implied terms that you were working on. It would mean that even in the absence of a written contract you could claim that these were your contractually binding terms that you and the employer would have to adhere to.


 


The issue with a verbal agreement is proving what was actually agreed because there will usually be a lack of documentary evidence so some uncertainties could arise in that respect. It could end up being your word against your employer’s and that could often go either way, depending on the circumstances.


 


However, if you have evidence of what you were paid and what hours you worked, then you could also work out what the usual arrangement was and use that in your defence.


 


If the employer is now trying to change your contractual terms and reduce your pay to reflect what they believe you should be receiving, then you have a couple of options:



  • Raise a formal internal grievance to deal with this as an internal complaint

  • Reign and claim constructive dismissal

  • Remain in employment but make a claim for breach of contract in the civil courts to pursue the money you believe was unlawfully taken away from you


 


I would suggest starting with the grievance first then evaluating your options depending on the outcome.

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?

Customer:

Hi, thank you for your reply, I am waiting to see what the out come is, when I see my manager next week

Ben Jones :

No problem, thank you

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 45355
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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