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Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 148
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
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I originally worked for a franchise company. The company was

Customer Question

I originally worked for a franchise company. The company was ended and then I was employed by the main company. At the time I was offered my original salary and overtime. Within in a few days i was then told that i would only be on a salary and no overtime. I took the job as i needed it. I have been there for 5 years. A colleague of mine has recently left who was employed at the same time along with me. I have recently changed my contract to include overtime. I have now found out my colleague has been on overtime since we both started. I am very confused as to why he was offered overtime and at the time i was told we would be on salary only. I enjoy working for the company and did more than the expected forty hours a week, never questioned it but am upset to think that he has been paid and i have not and some of the extra hours we were working together. I have spoken to my present manager who was not employed at the time. He does understand my feelings but says just to forget about it. I could be short of £8000 a year on the last four years.
Submitted: 13 days ago.
Category: Employment Law
Expert:  Virtual-mod replied 13 days ago.
Hello,

I've been working hard to find a Professional to assist you with your question, but sometimes finding the right Professional can take a little longer than expected.

I wonder whether you're ok with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Expert:  Ed Turner replied 9 days ago.

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

 

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

Expert:  Ed Turner replied 9 days ago.

To enable me to answer your query, please provide me with some further information about your legal issue and how you want a lawyer to help you.

 

When you moved to the new company, was your employment transferred via TUPE?

 

Did you expressly agree the changes to your contract of employment in respect of your overtime?

Expert:  Ed Turner replied 9 days ago.

Do you still need assistance?


If so, please answer my query above.

Customer: replied 6 days ago.
TUPE was not taken over from franchise.
I was originally given the salary I was already on but to include overtime etc. On the new contract. I have old emails with this on.
It was then changed before I signed to being on a set salary only as informed everyone was going to be put on this. At the time I signed as took there word for it.
I then find out my colleague has been on overtime who was signed at the same time as me.
Customer: replied 6 days ago.
Apologies for late reply. I have had no emails saying it had not been looked at.
Expert:  Ed Turner replied 6 days ago.

Thank you for your reply.

 

Unfortunately, it appears that your contract of employment with your old company terminated and a new contract of employment with the new company was formed on different and less favourable terms.

 

Given that your contract of employment was not TUPE'd over, you do not have any rights under the Employment Rights Act 1996 for the changes to your contract of employment.

 

In addition, you will have a new commencement date for your employment which is likely to be significantly less than the required two years' continuous service to qualify to bring a claim for constructive unfair dismissal in the employment tribunal if you are forced to resign from your job.

 

I can only suggest that you raise a grievance with your new employer and request amendments to your contract of employment that are similar to your previous contract of employment, and if they do not oblige, then you have little option but to tolerate your new working conditions or resign voluntarily and seek new employment with another employer.

Expert:  Ed Turner replied 6 days ago.

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd

Customer: replied 6 days ago.
So just to clarify. I have been with present employment for 4 years, so that are allowed to offer different contracts even though it is for the same job?
Expert:  Ed Turner replied 6 days ago.

In that case, you do have the right to bring a claim for constructive unfair dismissal in the tribunal.

 

However, you will have to find another reason in the more recent past as the gap between your old job ending and your current situation is too long and a tribunal is unlikely to find that this is the cause of you leaving your job as you will almost certainly have been deemed to have accepted and waived any alleged breaches by your new employer in imposing their new and less favourable contract contract terms on you.

Expert:  Ed Turner replied 4 days ago.

I hope this resolves your query.

Please give me a give star rating in order to conclude this matter.

Thanks

Ed