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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 64746
Experience:  Qualified Solicitor
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I have two questions Firstly if I have a contract as a swim

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I have two questions Firstly if I have a contract as a swim teacher .Can I redeployed without prior conscent Secondaly
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: I have a contract to work 27.75 hours a week, but inaddition I also work doing 1;1's I have tax deducted on my time payslips and the 1;1's are advertised a service on the pool web site- is this classed as self-employed work or zero hours contract
JA: Does the workplace operate with employees, freelancers, consultants, contractors or with unionised employees?
Customer: The workplace works with employees contracted and casual
JA: Anything else you want the Lawyer to know before I connect you?
Customer: no

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

How long have you been doing this work for?

Customer: replied 8 days ago.
over five years
Customer: replied 8 days ago.
I am a swim teacher and I am contracted to swim teaching

Thank you. 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.

Can I check if your contract says anything about being redeployed if necessary?

Customer: replied 8 days ago.
Hi Ben I do not have my contract as the council have never given it to me even though I have asked

Ok thank you. Assuming you had no contract given to you and that you have not been redeployed before and have never been asked to do so or agreed to it, then you can argue that they do not have the automatic right to ask for a redeployment now. Therefore, any such request must only happen with your consent, or at least some proof that they had the contractual right to do so.

 

In terms of the 1:1s, if they are on your payslip and tax is deducted at source then the likelihood is that they form part of your normal work and is not contracted out work. However, you would likely have it treated as overtime, unless there was an official expectation for you to get that work and it has consistently been offered to you over time, in which case it may potentially form part of your contracted activities.

 

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