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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6464
Experience:  15 years experience of advising on employment law matters
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I am a hairdresser and have a contract dated September

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Hello, I am a hairdresser and have a contract dated September 2011 for 3 days per week, my pay is based only on commission/takings. 2 years ago my boss asked me to reduce my working hours to 2 days per week for a short period, i agreed to this then after a couple of months I asked him for my day back so as to work 3 days as my pay is based on commission, the answer I received was that he would look into it, the company has now been sold but is still trading under the same name, I have requested a new contract and have been told that as I have accepted the revised hours as custom and practice I will not get a new contract. I also believe that I should be compensated for the loss of earnings, am I correct?
Hello my name is ***** ***** I am happy to help you today. Was there anything in writing to say that the reduction in hours was temporary?
Customer: replied 2 years ago.
Hello, No there was nothing in writing
Unfortunately I think you are going to struggle here. You could claim under TUPE that you have the right to work the 3 days. However the new employer is right that contracts can be varied through 'custom and practice' and if you have only been working for 2 days for 2 years and have not brought a complaint before you will be deemed to have accepted the new hours as being permanent. I know that this is not the answer you were hoping for but the legal position is quite clear on this point. Unfortunately I cannot see any right to lost earnings in this situation either if you are being allowed to continue the 2 days a week. If you have any further questions please do ask. 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.
Hello is there anything further you would like to know as I can see you have not yet rated my answer which is an important part of the process?
Customer: replied 2 years ago.
Sorry I was away from my PC. Just to clarify, I do not have a new employer, my contract is with a company that was bought by another company. I have verbally complained/requested my contract be reviewed several times in the last 2 years. Who is TUPE?
Hi I made an offer to contact you by phone but we can continue like this if you prefer? When was the contract taken over?
Customer: replied 2 years ago.
The company was sold around October last year, I have not received a new contract as it is the same company but different owners. Thanks for the offer of telephone but I have a lot of people around at the moment.
Ok no problem. TUPE is not a person it is the name of the law that applies when a business is taken over to protect employees. If you had a ongoing grievance regarding your contract then the new owner cannot ignore that and state that custom and practice applies but they should deal with your grievance. If they do not have enough hours to give you the day back then they could give you notice of a change in your terms and conditions.
Customer: replied 2 years ago.
OK thanks, ***** ***** then ask for some compensation for the loss of the day? I really need to go back to at least a 3 day week
I do not think you are entitled to compensation as you originally agreed the reduction. If you now say you want to revert to your original hours and they do not pay you going foward in accordance with the contract then you could try to claim unlawfuld deduction and breach of contract for future loss.
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