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Contract variation advice

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  • Contract variation advice

    Hi,
    I really need some clarification with regards to my work contract.
    I started a temporary role working 8 hours per week at the beginning of 2020. It is normal for roles in my line of work to start out temporary and move to permanent after 2 years of service.
    In 2021, my hours were increased to 20 per week, and I have a copy of my contract that states 'contract variation' at the top, has a 'position start date' of the beginning of 2020, and the contracted hours now being 20 hours.

    Midway through 2022, all temporary staff received a letter saying that all temporary roles would cease with 90 days notice.
    There was some confusion as both my boss and HR told me initially that none of my contract was permanent, even though I had been with the company for more than 2 years.
    When I told them I would seek legal advice, they backtracked and said that the initial 8 hours were permanent. I was led to believe that I had 2 contracts - one for the initial 8 hours, and another for the additional 12 hours - so the 8 hour contract starting in 2020 was now a permanent contract, and the later contract was now null and void. My fault for not checking properly.

    This month is the first month of the new working hours coming into effect, and although I have now only worked the 8 hours I was told I had, I have been paid for the full 20 hours instead.
    I called payroll immediately and informed them of the error. They said they were unaware that my role/hours had changed.
    Payroll sent me a copy of my contract which states the full 20 hours, with a position start date of the beginning of 2020. There is only one contract for all of my hours, with no differentiation between some hours being longer standing than others.

    What position am I now left in regarding this contract and HR telling me that only some of the hours from this contract are now permanent?
    I've tried looking elsewhere, but cannot find an answer to what I am looking for.
    If the overall contract is more than 2 years old, should the hours stated on it (20 hours) all be permanent?
    Or can my employer choose which hours from my one contract can be made permanent?

    I tried calling ACAS, who said I would need to speak to a legal advisor at my local CAB, however, my local CAB does not have a legal advisor and the next nearest CAB will hot help because I do not live within their postcode area.
    I am at a loss. I just need to know if it is worth trying to pursue a role that I love, or if I need to look elsewhere so that I can at least pay my bills.
    Tags: None

  • #2
    This is not an easy one to unravel!

    So legally you only become a permanent employee after a series of fixed term contract lasting a period of 4 years, unless the employer can show there is a good business reason not to do so.

    Was it ever set out in either of your contracts that you would be considered a permanent employee after 2 years?
    Was it clear in your initial and second contract that they were for temporary positions and were they for a fixed period of time if so how long for each?
    By any chance did the second contract make a statement to the effect that it superseded the initial contract?

    The answers to the above questions would be useful as it will help me in terms of the advice to give.
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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    You are braver than you believe, smarter than you think and stronger than you seem.



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