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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46194
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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hi,i have worked as a delivery drivery with no contract for

Resolved Question:

hi,i have worked as a delivery drivery with no contract for about 18 months, i have just had 2 weeks of with injurys to my wrists from work, ( strained lingaments to left wrist, pulled ligaments to right wrist , and same to my feet , from carrying heavy trays to a buffet , i am having physio, when i went back to work my employer informed me he was halfing my hours from 6 days one week to 3 days a week , halfing my hours/pay, from the 1st of december, he said he was bringing in another driver to cover the other days,
at the present i work 77 hours per month, he has reduced my hours to roughly to 36 ish hours, he wanted me to agree this this the next day i refused till his partner returned from holiday next monday, he told me today that when i come back from holiday on the 1st december i wont be working that week till thursday as thats when my new contract starts, i asked him for my new contract he said i could have it next week when his partner returns to work, can you advise me please
can he do this?
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. Does the new contract vary your existing terms?

Customer:

hi ben, in what way do you mean, i now work monday to sat one week and monday to sat the other the new contract that i have not seen yet as have not seen , i have been told i work monday ,tuesday wed , one week thurs fri sat next and so forth,

Customer:

hi you will have to bear with me my lap top is old and a bit slow .

Ben Jones :

Thank you. Please leave this with me, I am mobile for most of today so it may be difficult to provide a full response straight away but I will get my advice ready and get back to you on here as soon as I can, certainly no later than tomorrow morning. Thanks for your patience.

Customer:

i am at work in the morning, could you give me just a bit of advice as i have to give them an answer on monday monrning as to if i agree to this change of contract, he informed me today that when i come back from my holiday at the end of november that my contract starts then, and i would be at work that week from the thursday , i feel that i am beinging penalised for being of sick,

Ben Jones :

Hi, thanks for your patience. Whilst it may appear that you are being penalised for being off sick and even though I agree that it is morally wrong, from a legal point of view the employer could actually do what they have done, although there are a few steps they need to follow.

Your biggest issue in the circumstances is your length of service. If you have been continuously employed at your place of work for less than 2 years then your employment rights will unfortunately be somewhat limited. Most importantly, you will not be protected against unfair dismissal. This means that your employer can dismiss you for more or less any reason, and without following a fair procedure, as long as their decision is not based on discriminatory grounds (i.e. because of gender, race, religion, age, a disability, sexual orientation, etc.) or because you were trying to assert any of your statutory rights (e.g. requesting maternity/paternity leave, etc.).

So what they can do in this case is terminate your current contract with the current terms, hours, pay, etc and issue you with a new contract that contains the new inferior terms. All the employer has to do is give you the correct notice under your current contract. You need to check if the current contract has a notice period they must give you to terminate it – if there is then they must give you that notice period and pay you as normal during that time. If no contractual notice exists then they only have to give you a week’s notice. Once the notice period has expired and your current contract has ended, they can issue you with any new contract they want and you either have to accept it or refuse to do so and leave.

So unfortunately your only rights here are to ensure the employer pays you as normal for the notice period length of the current contract. After that they can issue you with a new contract, even if it is on lower hours, pay, terms, etc.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

hi even though i dont have an old contract to refere to, only what a wrote down , which was 52 hours per month,

Customer:

and he said the contract he has said 12 hours !!! this new contract is less than that and the job cant be done in less hours ,

Customer:

he is doing his best to force me out , the other staff arnt talking to me , he said it was confidential , the next day a member of staff at another shop aksed me what i hought about it a was surprised to say the least, and didnt comment, he is watching me on cctv when i am in doing my job , and delivering to other shops, as he rings and askes the staff why i am things,

Customer:

i have memtioned the tratment i am getting to the unemplyment center they said its the same as workplace bullying, and could try for a case to court , the other staff would'nt back me as they are frightend of him.

Ben Jones :

you cannot take your case to court I'm afraid because you do not have 2 years' service and you need that to be able to submit a claim. So unfortunately it is a matter of negotiating with the employer and trying to find middle ground, accept the changes as they are or leave your job

Customer:

thanks for that it just doesnt seam fair,

Ben Jones :

I understand but unfortunately it is the law that applies in your situation, sadly I cannot change that, hope you understand...

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46194
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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