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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47351
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have worked company years on a 30 hour contract

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I have worked for my company for 13 years on a 30 hour contract I work on a one to one basis supporting people with learning disabilities. A person I was supporting recently died meaning i'm down on my contracted hourso by 12. I'm one of two staff left with 30 hour contract other staff have 0 hour contracts.The company want to reduce my contract. I feel the company has let me down as they haven't sort to take on new packages in my field. I have another meeting tomorrow and would like to know my rights. Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. What would you like to happen if the changes go through anyway - would you stay there?
Customer: replied 1 year ago.
I have a lot of financial commitment and have 2 grandchildren living with me as my daughter has mental health issues so I would have to say yes. I do think you need the whole picture my company is quite large it has homes and do care at home.I was employed as a keyworker for a separate side called new outlooks working with people with learning disabilities. For the last 7 years the company hasn't really taken on service users and didn't bid for council contract. But did with care at home side and won the contract for that. Care at home staff have had a significant pay rise. The keyworker haven't had a pay rise for 6 or 7 years. I think that in itself shows they are not bothered about new outlooks.
Customer: replied 1 year ago.
I need to know my options
Expert:  Ben Jones replied 1 year ago.
There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:· Receiving the employee’s express consent to the changes.· Forcefully introducing the changes (called 'unilateral change of contract').· Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms. If the changes are introduced without the employee's consent, then the following options are available: 1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance. 2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions. 3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply. What you could also argue here is that this may be a redundancy situation and see if you can agree on something which allows you to leave with a redundancy payout. However, the employer cannot be forced to do this so if they reuse then the above options still remain all that is open to you. I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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
Expert:  Ben Jones replied 1 year ago.
Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.
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