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Ben Jones
Ben Jones, UK Lawyer
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What is the legal position regarding contract law and variation

Resolved Question:

What is the legal position regarding contract law and variation of contract ie your are working 32.5 hrs a week go on secondment for six months and return to your old hours but you are not told those hours have been reduced so you have been payed for 30 hours while working 32.5. The company policy is to issue variations but have not done and are refusing to pay money's owed as they say there is no proof
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Do you mean the company paid 30h instead of 32.5 whilst the person was on secondment?

Customer:

No while on secondment they were paid the correct hours worked when they returned to their normal role they worked 32.5 hours which they were contracted to do but were only paid for 30 hours this did not come to light until they had been off sick for a while but that is a another issue which has been sorted

Ben Jones :

was there a secondment agreement in place and did it guarantee the employee keeps their old job on their return? Or was it agreed in any other way?

Customer:

It is company policy that you return to your old role with no change if the secondment is less than 12 months

Ben Jones :

what does the company say there is no proof of?

Customer:

That the person concerned worked said hours ie 32.5 hours but as stated her contract before the six months secondment was for 32.5 hours it was agreed they would return to the hours worked before going on the secondment and as most of the time rotas for the weeks were never put up they had no way of knowing the hours had been reduced and as variations have to be agreed they kept working said hours

Ben Jones :

ok and what do they want to achieve - get paid for the hours worked? Keep the old hours?

Customer:

Having changed departments within the company they what paying for said hours

Customer:

They what paying for the 2.5hrs a week worked unpaid from their return from secondment up to change of department as they are now working increased hours

Ben Jones :

and is there actually any evidence of the hours worked for that period?

Customer:

No just that she returned to old hours with no agreement in place or notice of hours reduction

Ben Jones :

If there was a policy that entitled the employee to keep their old hours on return from secondment, then the employer’s apparent reduction would amount to a potential breach of contract.


 


If the changes were done without the employee’s consent, then the non-payment of their contracted hours could amount to breach of contract and/or unlawful deduction of wages.


 


In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. The employee can also raise a formal grievance. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.


 


If the employer does not return the money as requested, the following options are available:



  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made. To make the claim, form ET1 needs to be completed and submitted - you can find it here: https://www.employmenttribunals.service.gov.uk/employment-tribunals

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to: www.moneyclaim.gov.uk.


 


Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.


 

Customer:

Thank you that helps in confirming our view point

Ben Jones :

you are welcome

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 45291
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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