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Hello all - i need advice on my rights

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  • Hello all - i need advice on my rights

    Hello,
    I have been in my job for 4 months now working as an alternative investment broker. My employer classes me as self employed, although I am expected to turn up to the place of work, do the hours they set, represent the company and be paid on a monthly basis. Having looked into this, via the web, this does make more of an employee.
    As of Friday 8th Sept I was informed that my working would be changing immediately from 10:30am - 8pm (Mon-Thurs) and 10:30am - 3pm (Fri) to 10am - 7:30pm (Mon - Thurs) and Fri (10am - 5pm). The extended work hours on friday has a knock-on effect as I have a daughter who is nearly 3 and I will now need to make new child care arrangements for. What sort of consultation period can I request so that I can investigate child caring options?
    Just to confirm there is no increase in pay to match these additional hours, which is not unexpected but I do now need to look at nursery options for friday as my wife works every friday and the assistance we had been receiving from family cannot now be met with this later finish on a friday afternoon.
    I would very much appreciate your input on this matter.
    Tags: None

  • #2
    Re: Hello all - i need advice on my rights

    Did you sign a contract of employment when you started?
    If so! then what was written in the contract

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    • #3
      Re: Hello all - i need advice on my rights

      Hi and welcome to you, Latour. As Swifty implies, I reckon you need to go back to square one and march forward from there. Amendments to the Original Contract must be allowed by that contract - and by law, I believe. You may not wish to go in with all guns blazing, which could destroy an otherwise good working relationship - but you may need to let your employer, or contractor - know that you have been 'wising up' on this stuff.

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      • #4
        Re: Hello all - i need advice on my rights

        Hi Swift,
        No contract was issued only an offer letter was issued. I have asked about my contract several times but they have been rather elusive on supplying one.
        Can I ask for 4 weeks notice to attempt to find a solution?
        Many thanks

        Comment


        • #5
          Re: Hello all - i need advice on my rights

          Latour, i contract a number of people to work for me on a self employed basis from home. In order for it to be legal their must be a contract in place clearly stating that they are self employed, and what their remunaration will be etc. The fact you do not have a contract, the fact you would fixed hours per week, and get paid an hourly rate, makes it sound like your an employee not a self employed person.

          Have they been paying your taxes and national insurance? If they have, then your and employee.

          Although a contract has to by law be written so it may be admended, it can only be admended if both parties agree to the changes. If you do not wish to work the new hours then simply put in writing that you do not accept the changes to your working hours as such you will carry on with your current hours. You also request a copy of your written contract with your current hours, failure to provide a written contract/statement within the first 2 months of employment is a breach of the employment rights act 1998. Also state, that if you are self employed and not employed as they state, then they are legally required to provide you with a contract, that must be acceptable to both parties.
          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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