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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 49836
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I have been working for a company for 3 years as a teacher,

Customer Question

I have been working for a company for 3 years as a teacher, yhe only teacher in a small provision for post 16 year old students who have learning disabilities.
Despite asking for a contract repeatedly I have only just received one from hr dated 0ctober 2012. HR say they have repeatedly asked me to sigmn and return it which is not the case.
The contract appears to ve a zero hours contract I have thus far workedvat least two days each week during term time itrequires me if asked to work at night in the residential area of the provision.
I have responded saying that the terms and conditions of the contract are unacceptable and i have refused to sign it.
What is your view of my situation I am thinking of consulting a solicitor with employment law expertise. Many tanks for your assistance
Submitted: 3 years ago.
Category: Law
Expert:  Ben Jones replied 3 years ago.

Ben Jones : Hello, my name is Ben and it is my pleasure to assist you with your question today. Has the employer said what will happen if you refuse to sign this contract?
JACUSTOMER-i1f6s11c- : no what are the possible consequences of not signing
Ben Jones : Hi, first of all an employer is under a legal obligation to issue its employes with a written statement of employment particulars within 2 months of them starting a job. Whilst this is not a contract its contents will be quite similar and it would contain a summary of the main terms and conditions that govern that employment relationship. Even if no contract was ever issued, an implied contract would be in case in any event and its terms will be determined based on what has been agreed between the employer and employee and also what has been consistently applied over time. So for example if you had consistently worked set hours or done specific duties for a prolonged period of time, you may argue that these terms have become implied contractual terms, just as if they had been written down in a contract. So the employer's attempt now to issue you with a new contract that goes against these established practices could amount to a breach of contract, or at least a change to your implied terms and conditions. The employer could try and force these through but then you are able to challenge this, although you may only do this by raising a grievance first and then considering resigning and claiming constructive dismissal in the employment tribunal. If your refusal to accept these new terms prompts the employer to take other action, such as dismissal, then the option of an unfair dismissal claim would exist. Hope this clarifies your position?
Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks