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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46780
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am employed at a childrens nursery. I have been working there

Resolved Question:

I am employed at a childrens nursery. I have been working there for a year. I started part time. Went to 4 days a week last September and since Christmas I have worked 5 days a week. I am also studying for my childcare level 3, which is a requirement to them employing me. I am 48 yrs old, so this a change in career from self employed dog trainer. I approached the nursery originally because I wanted to get the qualification and you need to be working in a childcare environment to do the college course. I now work 48 hours a week and beyond. I haven't ever signed a contract. I have asked and it has always been put off. I have now asked for one after the Easter holidays as I have been feeling used and the email reply tells me I am not a permanent member of staff and therefore cannot have one. I get a wage and the nursery def pays my tax and national insurance. I only have 2 wage slips as well, from august and September. I have asked for all as I need for my accounts. I am still waiting. Should I have a contract. I can add write her email answer to if necessary. I do not understand her reasoning. Thanks

Jo
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.


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:


 


https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars


 


 

Customer:

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.

Customer:

At the moment I work 48 hrs a week. I was taken on to do 41 originally. They want to increase this further.

Ben Jones :

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

Customer:

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?

Customer:

Also if she refuses to give me a statement. What can I do.

Ben Jones :

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

Customer:

But asking for a statement and payslips is not cause for dismissal?

Ben Jones :

no they should not just dismiss for that

Ben Jones :

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

Customer:

Thank you Ben. You have been very helpful. x

Ben Jones :

You are most welcome, all the best

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46780
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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