How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 70815
Experience:  Qualified Employment Solicitor
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I work for a company on an employment contract but the

Customer Question

Hello,
I work for a company on an employment contract but the contract says that I will work 7-3 and I will have fixed days off and this does not happen what can I do
JA: Have you discussed the employment contract issue with a manager or HR? Or with a lawyer?
Customer: yes with my manager but noting
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: employee
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no
Submitted: 7 days ago.
Category: Employment Law
Expert:  Ben Jones replied 7 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 7 days ago.

Hi there. Please can you tell me what hours and days you do work, and how long you have worked there for?

Customer: replied 7 days ago.
I work different time one day 9-5 the next 6-2 then 8-4 and 12-8 different shifts I don't have a fixed day off I can work 10 days to rest 2 and after two more working days to rest again it's not in my contract and do not know what to do
Expert:  Ben Jones replied 7 days ago.

Thanks and how long have you worked there for?

Customer: replied 7 days ago.
Almost 4 year
Expert:  Ben Jones replied 7 days ago.

OK I understand and thank you for providing this information. Please do not worry and leave it with me for now; I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Expert:  Ben Jones replied 7 days ago.

Many thanks for your patience, I am pleased to be able to continue assisting with your query now. Can I just check if the employer has failed to honour your contract since the start, 4 years ago?

Customer: replied 7 days ago.
Expert:  Ben Jones replied 7 days ago.

Thank you very much for clarifying. The main issue here is that this has bene going on for 4 years now and there will be a strong argument by the employer that you have accepted the current situation. This means that the original terms of your contract would have been replaced by whatever the actual practice became over the years. Four years is a long time for you not to officially challenge the employer over this and to continue working under different arrangements. This would likely result in what is known as an ‘implied acceptance’ of the current terms, which is an acceptance based on conduct. This is where you have gone along with them without taking formal steps to challenge them, such as formal grievance or an Employment Tribunal claim.

You can still raise a grievance if you wanted to as it is your right to do so. You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.

Expert:  Ben Jones replied 7 days ago.

I hope that your query has been answered to your satisfaction. I just wanted to take this opportunity to remind you that if you needed any further clarification with this query, you should not hesitate to contact me and I will be happy to help. For now, thank you for using our services.