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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46227
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can my boss cut my hours then get other workers to do my j

Resolved Question:

can my boss cut my hours then get other workers to do my job
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long you have worked there and what are you contractual hours please.
Customer: replied 1 year ago.

about 16 years my normal contruct was 40 hours about 20 weeks i signed a tempory one to be reduced to 24 since then been doing up to about 40 to 45 but to day when iasked about over time after 24 got told he will have to leagle adivce on this and if that the case will get other peopel to do the job

Expert:  Ben Jones replied 1 year ago.
Thank you for that information please leave this with me and I will get my advice ready for you on how to proceed with this. I will get back to you ASAP There is no need to wait on here I will email you when ready regards Ben.
Expert:  Ben Jones replied 1 year ago.
Hello again, the starting point is to look at your current contract and see what you are entitled to. You have mentioned that you are now on a temporary contract for 24 hours and if that is the current contract then you are not entitled to request more hours than that. You cannot demand overtime and this is only going to be given to you at the employer’s discretion. The whole point of a contract is that it sets out the terms you and the employer and bound to so if your contract says you are inly contracted to work 24 hours then that is all the employer is obliged to give you.
You did mention that you were in some way forced to cut your hours. If this was prompted by the employer and they told you it was due to business needs for example but they the n gave your hours to someone else, then you cn complain about this.
This could then potentially amount to constructive dismissal, which occurs when the following two elements are present:
• Serious breach of contract by the employer; and
• An acceptance of that breach by the employee, who in turn treats the contract of employment as at an end. The employee must act in response to the breach and must not delay any action too long.
A common breach by the employer occurs when it, or its employees, have broken the implied contractual term of trust and confidence. The conduct relied on could be a single act, or a series of less serious acts over a period of time, which together could be treated as serious enough (usually culminating in the 'last straw' scenario).
The affected employee would initially be expected to raise a formal grievance in order to officially bring their concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance and going through the process, or if a grievance has been raised but has been unsuccessful, then they can consider resigning straight away.
If resignation appears to be the only option, it must be done without unreasonable delay so as not to give an impression that the employer's breach had been accepted. Any resignation would normally be with immediate effect and without providing any notice period. It is advisable to resign in writing, stating the reasons for the resignation and that this is being treated as constructive dismissal.
Following the resignation, the option of pursuing a claim for constructive dismissal exists. This is only available to employees who have at least 2 years' continuous service. There is a time limit of 3 months from the date of resignation to submit a claim in the employment tribunal.
An alternative way out is to approach the employer on a 'without prejudice' basis (i.e. off the record) to try and discuss the possibility of leaving under a settlement agreement. Under a settlement agreement, the employee gets compensated for leaving the company and in return promises not to make any claims against the employer in the future. It is essentially a clean break, although the employer does not have to agree to it so it will be subject to negotiation. In any event, there is nothing to lose by raising this possibility with them because you cannot be treated detrimentally for suggesting it and it would not be used against you.
Just to make a final, yet important point, that constructive dismissal can be a difficult claim to win as the burden of proof is entirely on the employee to show the required elements of a claim were present. Therefore, it should only be used as a last resort.
I hope this has answered your query. Please take a second to leave a positive rating, or if you need me to clarify anything before you go - please get back to me and I will assist further as best as I can. Thank you
Customer: replied 1 year ago.

sorry it is not me which is asking for more then 24 hours it is my boss expecting me to do some extra hours that is why i wondered if after 24 hours weather it should be at overtime

Expert:  Ben Jones replied 1 year ago.
Sorry for the misunderstanding, does the new contract say anything about overtime?
Customer: replied 1 year ago.

FOR BEN JONES
no

Expert:  Ben Jones replied 1 year ago.
There is actually no automatic legal right to be paid for overtime. The employer does not have to pay you anything for these hours and if they do then it does not necessarily have to be at an overtime rate.
However, you may have the right to be paid for overtime or to get overtime rates if your contract allows that. You are contracted to do 24 hours, if your contract does not state that overtime will be paid at the overtime rates then the employer is not obliged to pay you those rates. However, if your contract also does not say anything about overtime or there is no clause allowing your employer to ask you to work extra hours then you can also refuse to work them if you are not happy with the pay you get for them.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46227
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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