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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48170
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have requested my workplace to reduce my hours. They have

Resolved Question:

I have requested my workplace to reduce my hours. They have agreed, but asked me to sign a new employment contract. Unfortunately, the new contract has an additional clause that I am not happy to sign. However, they have started to pay me based on my reduced hours, even though I have not yet signed. Does this mean that they have legally accepted my reduced hours without my agreeing to the additional clause?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today. firstly can you tell me how long you have been employed there please and how long a go did this verbal agreement take place please.
Customer: replied 2 years ago.

I've worked there since 2006. A few years ago a reduced my hours to four days a week, and i recently requested going to three days, to be effective from 1st of July. I made the request around three months ago, and it was agreed in principle about a month back. In mid June I was shown the contract that I found problematic and so did not sign.

Expert:  Ben Jones replied 2 years ago.
OK thank you, ***** ***** it with me. I am in a tribunal today so will prepare my advice during the day and get back to you this evening. There is no need to wait and you will receive an email when I have responded. Thank you
Expert:  Ben Jones replied 2 years ago.
Thanks for your patience. It is incorrect to assume that by starting to pay you the new rate they have accepted the refusal by you in relation to the new clause. In fact it can go against you. What could easily happen is that you are deemed to have accepted the contract with this clause because you have started to work under the new contract and accept the new rate of pay without having challenged that clause. So to safeguard your position you need to be very clear in your intentions. Tell them you refuse to accept the clause and in the meantime if they start paying you under the new contract you need to tell them you are working under protest until you resolve this issue. So do not just sit back and assume they have accepted your refusal, it is your duty to fight this and make it clear you are not accepting it.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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