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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a question regarding contracts of employment. last year i accepted a job offe

Customer Question

Hello I have a question regarding contracts of employment. last year i accepted a job offer based on working 8 till 5 monday to friday for a salary of 17255 per year, however the written contrat i was given did not match those terms. when i questioned this i was told it was not an issueand agrred to sign, i'd like to know which of the two is valid?
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.
Expert:  Ben Jones replied 1 year ago.
In what way do they not match?
Customer: replied 1 year ago.
written contract states that normal hours of work are 40 per week to be worked on weekly rotating shift pattern of 6 til 2 and 2 til 10 monday to sunday with unpaid break of 1 hour. also that hours of work may be varied to meet needs of business when agreed with line manager.
Expert:  Ben Jones replied 1 year ago.
What have you actually been working since you started?
Customer: replied 1 year ago.
8 til 5 mnday to friday
Expert:  Ben Jones replied 1 year ago.
When you say you accepted the job based on working 8-5, where/how was that agreed - the advert, verbally at interview, in the offer letter?
Customer: replied 1 year ago.
I was working for the company as a temp and the manager approched me on the shop floor, said there was a job avalible would i like it, i responded with yes if its the hours i'm currently working, which were 8 til 5 monday to friday, manager went off to check and came back said that was fine and that the pay was 17255 per year.
Expert:  Ben Jones replied 1 year ago.
When there is a conflict between two contracts, such as a verbal and a written one, neither would automatically take precedence. The one which is applicable would be the one which is most likely to have been intended as the correct one. This is a question of fact and would depend on the intentions of the parties and what has happened in reality. In your case, you were working those set hours 8-5, you were offered a job based on those hours and you continue to work those hours until now. So all the evidence points towards this being the actual agreed terms between you and the employer. There may be a contract in writing which has inconsistent terms in it, but overall it does not appear that these are the terms which the employer had applied when they took you on permanently so if legally challenged it is more likely than not that the 8-5 hours would be the ones which take precedence. This is your basic legal position. I have more detailed advice for you in terms of the options the employer has to try and change these, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there I no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
ok thankyou. that gives me a much better understanding of the situation.
Expert:  Ben Jones replied 1 year ago.
You are welcome. If your original question has been answered I would be grateful if you could please quickly rate my answer by selecting 3, 4 or 5 starts at the top of the page - it only takes a second to do and is an important part of our process. I can then provide some more related info as discussed, thanks
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46743
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
Ben Jones and other Employment Law Specialists are ready to help you
Expert:  Ben Jones replied 1 year ago.
Thanks can you please clarify - you said you worked as a temp before that, were you through an agency and how long was that for?
Customer: replied 1 year ago.
yes it was agency, i worked for them for over a year, and had worked at the company i accepet job offer from on 3 occasions. first time for 11 weeks, then 9 weks and finall 16 weeks whicch was whn i was offered the job
Expert:  Ben Jones replied 1 year ago.
ok the issue here is that if the employer really wanted to they could end your current contract by giving you notice as per its terms then re-engage you on the terms they want to apply and as you have less than 2 years' service as an employee you will not be able to challenge it. So currently you may indeed argue that the 8-5 terms are the ones which apply but if they really want to remove these they can follow the above mentioned steps to do so
Customer: replied 1 year ago.
Thankyou i think that covers everything i needed to know
Expert:  Ben Jones replied 1 year ago.
You are welcome, all the best

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