Alter Employment Contract - Prevent Break of Service?

BevanAshford

Hi Everybody

I work in administration on a permanent contract of 35 hours a week.

Recently a spoke to my employer about moving to a rolling monthly contract and halving my hours. This was verbally agreed and I gave my notice with the understanding that I would be re-employed after a break of service of one week.

I was contacted today by my employer, who informed me that they would not be employing me on a rolling contract but instead would like to offer a six month contract but that a break of service of one month was necessary.

Is this break of service necessary or can my employment be continuous?
Have O negated all my employment rights by handing in my notice?

Is there anything that I can point to that would convince my employer? If I have cannot accept the one month break due to a need to a month's wages, would this be a possible case of constructive dismissal.

Your help would be much appreciated.

Uncertain

BevanAshford wrote: »

Hi Everybody

I work in administration on a permanent contract of 35 hours a week.

Recently a spoke to my employer about moving to a rolling monthly contract and halving my hours. This was verbally agreed and I gave my notice with the understanding that I would be re-employed after a break of service of one week.

I was contacted today by my employer, who informed me that they would not be employing me on a rolling contract but instead would like to offer a six month contract but that a break of service of one month was necessary.

Is this break of service necessary or can my employment be continuous?
Have O negated all my employment rights by handing in my notice?

Is there anything that I can point to that would convince my employer? If I have cannot accept the one month break due to a need to a month's wages, would this be a possible case of constructive dismissal.

Your help would be much appreciated.

Did your resignation letter make it clear that it was conditional on the agreed deal?

If not, can you prove what was offered to you?

BevanAshford

Unfortunately, my resignation was not clear in that respect. In terms of proof, I have the word of my line manager that this was the agreement, as he was relying on my input over the next month.

The employer seemed to be suggesting it was on the advice of our payroll company, rather than a decision of their own.

I have looked across the internet for something I can point to that would counter this advice, but I was unable to locate anything.

Uncertain

The problem is, unless he is more honourable than most, the manager's recollection is going to change if he is likely to get into trouble for making you an offer the firm can't or won't provide.

I would suggest you quickly save every scrap of evidence you can find that supports your version of the events. Maybe try to back the manager into admitting what happened before has too much time to think it through.

BevanAshford

Thank you for your advice Uncertain.

I haven't made myself very clear. I had reached agreement with the Deputy Chielf Executive, who has now received advice that there needs to be a break of service.

My manager did not play a part in the discussions, although he is aware of what had been agreed.

My main problem is working out how to counter the suggestion of an external payroll department that my contract cannot be altered without a break of service.

Uncertain

Well if you are following a course of action suggested or agreed to by the firm then they should make sure you are not out of pocket.

I would write, explaining the situation and make it clear you would not have agreed had you know you would lose a month's pay. I would assume (well hope) somebody senior will be motivated to find a way round this.

SarEl

Uncertain wrote: »

Well if you are following a course of action suggested or agreed to by the firm then they should make sure you are not out of pocket.

I would write, explaining the situation and make it clear you would not have agreed had you know you would lose a month's pay. I would assume (well hope) somebody senior will be motivated to find a way round this.

I think this is more serious than that. There is utterly no need either to resign nor to have a break between contracts simply because the terms of a contract have been changed. The only purpose of a break in service is to wipe out your continuous service and therefore your employment rights. The problem is that having resigned, and with a lack of evidence, if the employer does this you may be on shaky ground. But if this is the case, and I believe it may be because I can see no other purpose to this, then you must get legal advice and take immediate action to challenge it - or your rights against unfair dismissal, redundancy rights etc, may well be gone.

BevanAshford

Thank you SarEl

The main reason I resigned was because I wanted to take 6.5 days unpaid leave between contracts and I thought this was the easiest way to do so.

Do you know anywhere that I could point to that would indicate to the employer that the only purpose for a break of service is to wipe out continuous service?

I do not think this is necessarily their intention, only that they sought adivce on the proper manner to switch contract terms, and they have been given the advice from the employer's point of view, and they do not understand that they can waive this break if they wish to do so.

SarEl

But that doesn't make any sense. I can't see any good or even common advice suggesting this. Contracts change all the time - people get promotions, change their hours, change their work location and a million other things - all without any need for a break in service. And they also take unpaid leave simply with the employers permission, and with utterly no reason to have a break in service. And they manage to do all these things without being required to resign. So either their HR advice is c!!p - in which case they should get some better advice before it lands them in a tribunal; or this is deliberate attempt to break service and there is only one reason an employer would want to do that.

But the problem you are now faced with is that you have done it, and technically there is nothing to stiop the employer turning around and giving you no new contract - you have resigned. If they are genuinely not intending to do something underhand here, they can agree unpaid leave with ease for however long you want it and they can change contractual terms, with agreement, in exactly the same way - and without any of this messing around.