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.
There is no legal duty on an employer to issue its employees with a contract of employment, although many do as it removes any ambiguities over the employees’ terms and what rights they may have in the workplace. Saying that, an employer is legally obliged to issue its employees with a written statement of employment particulars within 2 months of them starting their job. This is not a contract, however its contents will in many ways be similar to what one would expect to find in a contract. You can get further details on what you can expect in terms of such a statement here:
Hi Ben, So I should have had a written statement that includes my job description and hours, even if it is considered to be temporary. I assume that if my hours are increased, that I would need a new written statement. I am told that my choice is do more hours or quit.
At the moment I work 48 hrs a week. I was taken on to do 41 originally. They want to increase this further.
regardless of whether the job is temporary or not, after 2 months continuous employment you are entitled to this statement. They should up[date it as your terms change. Also by law you cannot be forced to do more than an average of 48 hours a week so if you are forced to do that and refuse, then get sacked as a result, it could make the dismissal automatically unfair
I am being moved to pre-school after easter. My hours are starting off at 45 but I know from past experience that she will want to increase this after a couple of months. Can I refuse as the new job was offered on 45 hours, or as long as its not over 48 I have no choice?
Also if she refuses to give me a statement. What can I do.
the issue is that if the dismissal had nothing to do with refusing to work over 48 hours you would not be protected in the same way and the employer can legally sack you for refusing to increase your hours, so basically yes - unless that is the reason you can be asked to increase your hours and if you cannot do so - then the employer could potentially dismiss you as a result. If she refuses to give you a statement then you do have a way of claiming for that but it may be difficult at this stage because it needs to be 'attached' to another valid claim, so for example the unfair dismissal based on refusing to work more than 48 hours but if that was not the reason foir dismissal you would not have another claim to use to complain about the lack of statement
But asking for a statement and payslips is not cause for dismissal?
no they should not just dismiss for that
I will have to go offline as just have a prior appointment but please post your follow up queries here and I will respond as soon as I am back, in just over an hour o so, thanks
Thank you Ben. You have been very helpful. x
You are most welcome, all the best