Employment Lawyers Can Answer Your Employment Law Questions
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Hi sorry I was just going offline when I picked up your question as I did not expect you to be up at that time. Your rights are as follows:
ok leave with me I need to go out for a few hours and will get back later this evening thank you
Sorry for the delay, was working on a tribunal yesterday that took up to the early hours of today...if you are contractually entitled to pay or overtime rates then the employer must apply these and if they change them or try to reduce them then it would amount to breach of contract. This means that if you refuse to accept them you can claim for the difference in pay that has resulted in this. However, if the employer is not happy with your response and does not like the fact that you have refused to accept the changes, they can go ahead and dismiss you legally because you do not have the 2 years service. They could then just end your employment and that would be it, or they could offer you a new contract with the reduced rates and you can either accept it and start working on the new rates or refuse it and your dismissal will stand
Has this clarified your position?
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? Thanks
Hello Ben, first of all thanks very much and I will leave for you top class feedback. I only have one single question and is your good will to help me out and this is regarding holiday and general question please? First of all I was working in the past for many security companies and blue chip organisations so I had always 20 days holiday plus bank holiday when I am on shift working I getting pay double when I am off and bank holiday fall on that day I am not getting paid ,so was perfect and correct. In this strange new company I am working same shift pattern 4 days on 4 days off night shifts 12h shifts,so I have 225h per month working hours which is equivalent to 19,56 days holiday same as on any previous job.Problem is this employer state in my contract that I have 14 holidays days and 8 bank holidays,which they workout like this and this is very wrong: if is bank holiday and I am working I get paid single rates and get day in lieu so this day in lieu they calculate inside this 22 total days given and I have to take within 2 months,can you image this? I know that before I had 20 days holiday without any restriction so I can take in one go if I want and never was a problem and rest bank holiday as I explained before.And if I am off and ban holiday fall on my day off they paid single rates but I already losing one day as they that day calculate in this given 14 plus 8 days?? Can you believe this?We working more than normal person per month in terms of hours,we don't work five days a week but we are working 12 hours shift so we have again on the end of the month more hours than office people around 10 to 20 hours,so how comes that office people by law got 22 days plus bank holidays and we have 14 days plus bank holiday which they take from our holiday entitlement and force us if we do work on bank holiday that take that day in lie which they give take within 2 months even that that day is not given but is in those 8 bank holiday originally?
Ben many thanks I will leave brilliant feedback for you just please please as good will clarify this for me:
sorry I thought that I deleted my question by mistake so I press enter button,so employer can do anything what they want to do ,cut original hours ,cut salary ,cut overtime anything and if I am not working for more than 2 years I can only take it or leave it ,I don't have any rights?They can demand more and more duties even if they are not in contract and anything else? -This was general question , Please only answer about holiday and this above and once again you are the star really I mean this and your help was amazing ,I wish I can afford to pay for your service and you to represent me in a future if I decide to go against one day ...... I wish you all the best and I am waiting for your answers. MANY MANY THANKS
Hi, I would be very happy to answer your question but as it is a separate and new query you would need to post it as a new question. But you can ask for me personally at the beginning if you start it with 'for Ben Jones' and I will deal with it as soon as I can, thank you