Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. Will you actually be leaving both jobs?
am am doing the same job but with 2 seperate contracts each offering different hours
I intend to offer my notice on the job with more hours but not the other
when i was offered this job it was stated that the contracts were to be worked in isolation
If you have two separate contracts, each with its distinct terms, then you are able to resign from one and remain in the other. That is unless there was a condition that both contracts were required to be worked together and one could not exist without the other. However, if that is not the case, you would be able to resign from one, specifying which one it is you are resigning from.
No there is no reason why one could not exist without the other as the 2nd contract was new hours created . In this situation as this new post is quite a distance from me, how would my existing employer enforce me working the 2nd contracted hours ??
were you not working in the location stated in it?
I have a base for my exisiting position but I am going to work for a new employee (I work in the NHS and am moving Trusts) . My job at present has a contract for 37.5 hours and 10 hours - the new contract will also be 37.5 hours but obviously based within a different area.
I wish to resign my 37.5 hour post but not my 10 hour contract. Could my present employer however been obstructive with this ??
So the new 37.5h job will be in a different trust and some distance from you, the existing 10h job will be where you currently are?
and you will not have any difficulties doing both?
I would yes - the new post would mean working Mon to Friday similar to my present post but it would mean I would not be able to work the extra 10 hours in my present post as I would not have the time within the hours of the service to do this with the additional travel of the new position
sorry can you please clarify - you said you can do both the new 37.5h job and existing 10h job but then mention you will not be able to do the new job and the 10h in the existing job?
My new 37.5 hours post is based approxmately 40 miles from me - this service runs from 9 to 5
Allowing travelling time this would mean I arrive back around 6pm
My 10 hour post with my present employer finishes at 6.30pm mon to friday making it impossible for me to do both contracts
ok so you cannot do both jobs...so what I am getting t is that you want to keep the 10h job but you obviously are not going to be able to do that job so I am wondering why you actually wish to keep it if that is the case?
its very complicated I was offered this job as SAE last year when I was given to believe i would get redundancy instead .
my employer told me that these hours were to be worked in complete isolation from the full time hours I already had. I do not wish to give these hours up unless forced to and also financially
The question I suppose is can my employer force me to give these hours up or not ??
So is it the new 37.5h that was offered to you as SAE?
no the 10 hours post
I have held a 37.5 hours contract with this employer for 20 years
This 10 hour post was offered to me 12 months ago
ok so the issue here is not that the employer is forcing you to give up these hours, it is your decision to take up another job which would conflict with this 10h job - you are expected to be able to do this job as it is now and if you cannot do so because you have taken up a new job elsewhere, then the employer may hav ni option but to ask you to give it up as well
Yes thats right
so that is the answer then - you can try and remain in the job but you would be expected to be able to fulfil your duties under it and if you cannot because of your choice to work the rest f the time elsewhere, the employer does not have to keep you in that job
Ok thank you for claryifiying the situation Ben
you are most welcome