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UKSolicitorJA
UKSolicitorJA, Solicitor
Category: Law
Satisfied Customers: 6255
Experience:  English solicitor with over 12 years experience
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I would appreciate your help regarding my contract. If my

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Hello, I would appreciate your help regarding my contract. If my position is PR & Marketing Officer could my boss make this job position include unrelated set of activities?
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: I haven't. You are my first point of contact.
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I'm on a continuing contract as of 5th August this year, and I have been an employee for almost 2.5 years
JA: Anything else you want the Lawyer to know before I connect you?
Customer: That my boss aims to send an annex to my contract and I would like to discuss what are my options when I receive the annex? Also, for how long I could read the annex before signing it, and also what it may or may not contain.

Hello,

 

It depends on whether or not the Annex amounts to an amendment to your current employment contract.

 

If your current contract says that your job description may be changed at the discretion of the employer or you may be assigned new duties at the discretion of your employer, then the annex may not amount to a variation of your contract.

 

There is no defined time period in which you may read the Annex, it depends. You may also choose to refuse to accept it if it is a variation of your employment contract.

 

I would ask you to upload a copy of your employment contract and the annex once available.

 

In the meantime, please click on 5 stars so that I am credited for the above answer.

 

 

UKSolicitorJA and other Law Specialists are ready to help you
Customer: replied 7 days ago.
How can I send over the contract?

You may upload it here using the paperclip icon.

Customer: replied 7 days ago.
I believe I made a mistake and clicked on the stars before I finished with a query. Could you please help, as I would like to continue discussing my contract, which I have problems uploading.

Yes, sure. Please go on.

Customer: replied 7 days ago.
Please find attached my employment contract
Customer: replied 7 days ago.
I sincerely appreciate your time and confidentiality.
Customer: replied 7 days ago.
Now that you have my contract, I also wanted to ask several questions: 7) Holidays, Page 4. It says I'm entitled to 25 days holidays. Given that it says that the Company's holiday year runs between 1 January and 31 December I wonder how may days of holidays I have left until the end of the year. I used 16 days until 5 August and according to my 'old contract' I had 20 days holiday. According to the new one beginning as of 5th August, am I now entitled to extra 5 days of holidays until the end of this year, on top of 4 which I still have?

Thank you,

 

this is the clause I was referring to:

 

"...perform such duties as may from time to time be assigned to you by the company"

 

This may mean that the annexure may be deemed not to be a change of your employment contract.

Please accept to continue Q&A time

Customer: replied 7 days ago.
Would you mind just clarifing would my boss be entitled for instance to make me stop communicating to the media or attend media events, although public relations is clearly the activity that requires dealing with the media? I'm just wondering, can she fully be able to alter my position into something else, whilst this is still the same position which I have been doing for the past 2 and a half years?
Customer: replied 7 days ago.
Sorry if £21 for one additional question and one answer?
Customer: replied 7 days ago.
If I decide to speak to you for how long are we allowed to have a chat and how much it costs?
Customer: replied 7 days ago.
Please can I have more Q&A time?
Customer: replied 7 days ago.
Can we continue?

Yes, we may continue

It depends on the reason why they are saying you cannot speak to the media. There could be a legitimate reason for this.

Customer: replied 7 days ago.
What would be a legitimate reason for instance?
Customer: replied 7 days ago.
Ie, if I'm generating results, media outlets are reporting about what I pitch to them, what would be the reason for her to stop me speaking to the media. I'm just wondering so I could be prepared.

It depends e.g. if there is a confidentiality or data protection implication.

 

 

You may raise a grievance and ask them why you are being stopped from doing this, so they would need to justify their reasons.

Customer: replied 7 days ago.
Ok got it.So, for instance if I send information that haven't been approved to be sent to the media by the boss?
Customer: replied 7 days ago.
Ok, so if I raise a grievance, and our HR is in Croatia HQ, do I ask for an independent advisory in the UK?

Yes, correct.

Your employer would need to follow their grievance procedures, no, you cannot insist on an independent advisory in the UK, it depends on your employer as your HR may conduct the grievance remotely from Croatia.

 

All the best.

Customer: replied 7 days ago.
Quick questions about the holidays. According to the contract that was running until 5 August 2019 (and then it was turned into a continuing contract onward), it said that I had the right to 20 days holiday. According to the contract I signed on 5 August in 2019 I have a right to 25 days holiday. Could you please let me know how many days holiday I have until the end of the year considering it says that ''the company's holiday year runs between 1 January to 31 December. I used 16 days so far until August 5

Your annual leave entitlement is incorrect, see here for more information and calculate your entitlement: https://www.gov.uk/holiday-entitlement-rights

 

All the best

Customer: replied 7 days ago.
So it means I'm entitles to 28 days holiday per year?
Customer: replied 7 days ago.
I'm sorry but the calculator seems to be down
Customer: replied 7 days ago.
I'm sorry, but could you please help as the calculator on the website you provided is down.

Yes, it is 28 days paid holiday, including bank holidays as a minimum.

 

Customer: replied 7 days ago.
So, if my continuous employment started on 5th August 2017 and I used 16 days so far since January 2019, how much do I have left until end of 2019 if it says I have 25 days holiday each holiday year excluding usual public holidays in England and Wales?