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employment contracts

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  • #1

    employment contracts

    I am on a 30 hours a week contract with my present employer. Recently they were taken over by a new company. My new manager has requested I increase my hours to full-time hours. I do not want to do this and feel I am be pressured to stay on extra hours for no pay.

    Can I refuse the increase in hours and what rights if any do I have
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  • #2
    Re: employment contracts

    That depends on the wording of your contract. Have you signed a new contract since the take over?

    You may only be contracted to work 30 hours, but many contracts also include a sentence such as

    " you agree to work additional hours where reasonably requested and with adequate notice"

    have a check through your contract to see if there is anything similar.

    If he insists you increase your contracted hours, you would need to sign a new contract or vary your existing one.

    Have a read here > http://www.acas.org.uk/index.aspx?articleid=3971 and here > http://www.acas.org.uk/media/pdf/8/6...le-version.pdf read them in full.
    Any opinions I give are my own. Any advice I give is without liability. If you are unsure, please seek qualified legal advice.

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    • #3
      Re: employment contracts

      Such clause in the contract would not apply here, as that is merely for occasional purposes (overtime) only and not meant to be used as a means to change an employees permanent weekly hours that they contracted to work.

      TUPE laws may apply here also, how recent was the company taken over?

      Either way, they can not change the terms of your contract, either as a result of your contract being transferred to the new employer or not. They can only try to vary the terms but, you do not have to agree to such change, and can refuse to work any hours above your current contracted hours, or inform the employer your working them under protest but deem them (the employer) in breach of your contract - Or, and i do not recommend this at all, you may resign and claim constructive dismissal for the breach of contract by the employer. But that's a long, hard and stressful, and not always successful route to follow.
      Please note that this advice is given informally, without liability and without prejudice. Always seek the advice of an insured qualified professional. All my legal and nonlegal knowledge comes from either here (LB),my own personal research and experience and/or as the result of necessity as an Employer and Businessman.

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      • #4
        Re: employment contracts

        Thank you all for the advise
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