Employment Lawyers Can Answer Your Employment Law Questions
Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?
2007 - 2008 then I travelled, returned and then from 2010 until now
Ok are you a family member?
What were your contracted hours before you went off with stress and how long were you off for?
Problem is there is no physical contract! We decided that a 30 hour week was agreeable and this i have been doing.
I have been off for 6 weeks
The hours have gone up and down since 2010 depending in circumstances but these have all been agreed.
It is not a problem that there is no written contract. Have you always worked approx 30 weeks?
sorry 30 hours?
Ok your employer is not entitled to remove you from your role or to reduce your hours to a zero hour contract as a result of you raising a complaint or taking time off sick.
You are contractually entitled to 30 hours a week through custom and practice.
You can raise a grievance about this and say that if you are not reinstated to your original role and hours you will have no option but to resign and claim constructivve dismissal.
On the basis of what you have told me you will win your case.
If you have any further questions please do let me know. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.
Their argument will be that they are reshuffling the company.
And that all members of staff will be affected.
She has already mentioned that but there area only 5 members to reshuffle.
well they still will struggle to justify their actions in the context of your complaint and time off sick. I would suggest you do raise the grievance. If they cannot give you the same number of hours due to a restructure then it is a redundancy situation and you should be offered redundancy. They simply cannot reduce your hours like this.
Ok that's been very helpful
No problem, I would suggest you raise a grievance in the first instance and come back to me if you need to.
I would be grateful if you would take the time to rate my answer and all the best with this.
Ok I sure will, can I ask though how one goes about raising a grievance?
You simply have to write a letter headed grievance setting out all of the points. Firstly you should state that you believe that your treatment is for raising a grievance and for being off sick which amounts to unfair dismissal and secondly that if there is a restructure that amounts to a redundancy situation and the offer of a zero hour contract does not amount to a suitable alternative so you should be offered redudnancy pay.
Ok thank you very much for your help.