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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48509
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Gd morning. Can I request Ben Price to answer my question

Resolved Question:

Gd morning. Can I request Ben Price to answer my question please. 10 wks after Tupe i still do not have a contract. Can i request reduced working hours or wlll i be breaking my terms and conditions. Thanks Katrina Paterson
Submitted: 3 months ago.
Category: Employment Law
Customer: replied 3 months ago.
My apologies should have said Ben Jones rather than Ben Price to answer my employment law question. Thanks Katrina Paterson
Expert:  Ben Jones replied 3 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 3 months ago.

Has your employer honoured your previous contractual terms?

Customer: replied 3 months ago.
I was told by my previous employer my previous terms and conditions would remain but as yet no contract from new employer. This is the 10th week i have been there
Expert:  Ben Jones replied 3 months ago.

Thanks. So after you transfer under TUPE your existing terms and conditions will have to be honoured by the new employer, so in effect everything should remain the same apart from your employer changes. The new employer is not obliged to issue you with a new contract - as long as they keep the existing terms in place that is all that is required of them. Of course you can ask for a contract if you wanted to be sure of what the terms are but they do not have to do that.

In terms of requesting a reduction in hours, the right to make a flexible working request applies to any employee who has been employed by the employer for at least 26 weeks and is limited to one request in any 12-month period. Examples of the changes that can be applied for in a flexible working request include changes to working hours, times and work location.

Once an employer receives a formal request they must deal with it in a reasonable manner, ideally meeting with the employee to discuss it and, if rejected, communicate their decision within 3 months of the date the initial request was submitted. When rejecting the request, the employer is only able to do so by relying on any of the following grounds:

· Planned structural changes

· The burden of additional costs

· A detrimental impact on quality

· The inability to recruit additional staff

· A detrimental impact on performance

· The inability to reorganise work among existing staff

· A detrimental effect on ability to meet customer demand

· Lack of work during the periods the employee proposes to work

Ideally, the employer should also try and explain their decision in writing, such as providing information on why they believe the selected reason for rejection is relevant and they have relied on it.

So you are legally able to request a change in hours and that does not mean you will be in violation of your existing terms. However, if the employer can show that they cannot accommodate that request because of one of the reasons above, they can potentially refuse your request.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please reply on here and I will assist as best as I can. Thank you

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