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Hello, my name is Ben and it is my pleasure to assist you with your question today.
Please note that as a practising solicitor I am often in and out of meetings, travelling, or even at court when I pick your question up. This may even occur at evenings and weekends. Therefore, I apologise in advance if there is a slight delay in getting back to you. Rest assured that I am dealing with your query and will respond ASAP. You do not have to wait here and you will receive an email as soon as I have responded. For now please let me know what is the variation please?
the variation is reduced hours of 20 per week from 38.75 and altered holiday entitlement from 28 days per year to 19 per year
inclusive of bank andpublic holidays
i dont seem to be receiving your answer
Apologies for the slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.
A phased return to work means not doing your full duties and/or hours initially, but building up to this over an agreed period. Unless there is something specific in the contract, how much pay you should be paid during a phased return to work is a matter of agreement between you and the employer. It is common to agree a pro rata rate of pay for the work actually done. So if you are coming back part time the employer can ask you to agree to be paid for the work you actually do rather than continue paying you a full rate of pay for only working part time hours. However, it is important to also negotiate a specific time frame for these changes to ensure that this is not going to become a permanent change. So insist that a clause is also inserted mentioning these changes are of a temporary nature and only to reflect the phased return to work. If possible you should also mention a review date to state that they should only last until a certain date after which you will either go back to your normal hours if everything is ok or you will carry out a further review with the employer to see if it is still necessary to keep you on a phased return to work.
so is it unreasonable for my employer to ask me to sign a variation of contract which includes 19 days holiday inclusive of bank and public holidays as if i am to go back to normal this means that my full time contract should continue.
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much