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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 785
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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You I’ve been working for a company for 11 years. I am

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You
I’ve been working for a company for 11 years. I am classed as a sessional member of staff, so on an as and when basis. I’ve worked the same shifts for nearly all that time. I was injured in a car accident this time last year on the way to a course, so, on shift, and the company have ignored me since. I filed a grievance and within it they’ve written they don’t have to provide me work. I was of the understanding that once you’ve worked shifts for a certain period of time they become an unwritten but legally recognised agreement. Both parties accepting that work pattern

Hello my name is Ross and I can help with this matter.

Customer: replied 4 days ago.
Ok
Customer: replied 4 days ago.
Don’t want the phone call. Just text

You are correct in assuming that a contractual term can become binding once it has been in place for a specific period of time. However, if you have been injured in a car accident and your injuries qualify under Section 6 of the Equlity Act (which would need assessed) then there are other issues going on here. Should this be the case then company has legal obligations to make reasonable adjustments for you, additionally there could be potential issues here in relation to discrimination arising from disability. However, this would require an in depth look at the situation in its entirety.

I hope this information has helped. If you like, I can offer a service via the website where I can provide my company details and we could undertake assessing your potential claim free of charge.

 

I would be obliged if you could Click to “accept” the answer and leave me a 5 star rating (this will not cost any extra). This will tell the website that I have responded to your question, you can, of course, continue to ask any follow up questions free of charge.

 

Kind regards

 

Ross

Customer: replied 4 days ago.
I’d gladly give you the recommendation. Can I find a law online anywhere I can quote regarding the shifts becoming contractual once worked a period of time ?

No as this is part of what is known as case law and not statute law ("Acts") however what you are referring to is "custom and practice". Like I said I think there is potentially more than this going on here and it would be advisable to have the potential claim assessed.

Customer: replied 4 days ago.
Ok thanks

Would you like me to offer the service on here so that we could review your claim for you?

Customer: replied 4 days ago.
What would that entail? There’s more going on with the insurance company too.

We would provide our company email address (all experts on here are third party and do not work directly for the website). We would ask you to send any documents your have and a synopsis of the issues. We can then assess your claim and advise if we could take it forward. Do keep in mind that you only have a small amount of the to raise an action. If you could accept the answer I have provide by clicking the 5 stars above then I would be happy to offer the service on here. Thank you.

Ross Miller and other Employment Law Specialists are ready to help you
Customer: replied 4 days ago.
What do you mean Small amount of time ?

You only have 3 months minus one day from the date of the action by your employer.