Can my contract be changed whilst sick??

Poppy71

Hi
I am employed by a charity and up until October 2012 I was being paid a salary for 20 hours work per week.
However, at this time I was rushed in to hospital and diagnosed with a debilitating disease, to this day I am still in recovery. I was immediately entitled to SSP for the allotted time allowed and now claim ESA as well as DLA.
All this time I have had one visit from my employees (which are made up of a committee) and a handful of phone calls, the last one being approx. 2 weeks ago where among asking about my welfare it was agreed that I would be getting a phone call to arrange another visit within the next few days as they felt one visit in a year was certainly not sufficient.
I didn't get the phone call or the visit...
I received a letter yesterday, the contents of which stated among other things that it was agreed in the phone call that I was in agreement for them to change my contract from 20 hours per week to a "0" hours contract. (The letter was signed from a different committee member than the phone call)
It was not discussed with me and I did not agree to it.
I have an idea what "0" hours contract means but what are the real implications for me, can they do this without my agreement, especially whilst I am on long term sickness?
Reading different articles it seems one implication is that I will not accrue holidays? I didn't realise I was? Does this mean that they owe me for holidays already accrued over this last year or is it different for a charity/part-time?
Please, if anyone can help I would be so grateful for any advice.
I realise that they are a charity but this was my livelihood and I worked over and above any hours paid on a completely voluntary basis before I was sick so I just want to be treated fairly.
Many thanks for reading
Poppy

Takeaway_Addict

Basically, they would be within their rights to go through the capability route to dismiss you if you have been off since Oct 2012 (alot of companies would have started the procedure 4-6 months after you fell ill). It looks like they want a short route round this and are offering a zero hour contract.

I can't see any benefit in you agreeing this but if you refuse they may start the procedures to dismiss you, this normally takes a few months so you would agree a few more days holiday pay.

Though it maybe prudent to ask for a compromise agreement for the holiday pay and an agreed reference for leaving immediatly if you are looking to work again.

ValHaller

Poppy71 wrote: »

I received a letter yesterday, the contents of which stated among other things that it was agreed in the phone call that I was in agreement for them to change my contract from 20 hours per week to a "0" hours contract. (The letter was signed from a different committee member than the phone call)
It was not discussed with me and I did not agree to it.

Notwithstanding the advice from TA above about capability, you should act immediately to protect your position and write a very brief letter to state quite categorically that

• no such phone call took place
• you have certainly not agreed anything they state in their letter
• the contractual position remains unchanged at the present time

Keep a copy.

Sky12

Zero hours contracts are increasing, and they should be avoided at all costs. You have no holiday entitlement, or entitlement to sick pay etc. etc. You also can;t work for anyone else (AFAIK) because you are contracted to them. You MUST challenge immediately! It could be seen as constructive dismissal if you refuse to agree and then leave. Are you in a union? If not you should be. Expensive tribunals mean people can't afford to challenge employers but if you are in a union the union will pay your fees, offer sound advice on work terms and conditions etc.

For the record, anyone who even thinks they even may have work problems in the future (probably in reality most of us)s should get in a union fast - free advice, including legal advice, and representation, and they will know what employers can and can't do. A little payment every month to get this and much more - think of it is job insurance. It's the best investment you'll ever make. I speak from experience.

Good luck.

getmore4less

Sky12 wrote: »

Zero hours contracts are increasing, and they should be avoided at all costs. You have no holiday entitlement, or entitlement to sick pay etc. etc. You also can;t work for anyone else (AFAIK) because you are contracted to them. You MUST challenge immediately! It could be seen as constructive dismissal if you refuse to agree and then leave. Are you in a union? If not you should be. Expensive tribunals mean people can't afford to challenge employers but if you are in a union the union will pay your fees, offer sound advice on work terms and conditions etc.

For the record, anyone who even thinks they even may have work problems in the future (probably in reality most of us)s should get in a union fast - free advice, including legal advice, and representation, and they will know what employers can and can't do. A little payment every month to get this and much more - think of it is job insurance. It's the best investment you'll ever make. I speak from experience.

Good luck.

highlighted

Holiday accrues on hours worked.

on Zero hours you can work for any one you want at any time because you don't have to accept any work offered.

Takeaway_Addict

Sky12 wrote: »

Zero hours contracts are increasing, and they should be avoided at all costs. You have no holiday entitlement, or entitlement to sick pay etc. etc. You also can;t work for anyone else (AFAIK) because you are contracted to them. You MUST challenge immediately! It could be seen as constructive dismissal if you refuse to agree and then leave. Are you in a union? If not you should be. Expensive tribunals mean people can't afford to challenge employers but if you are in a union the union will pay your fees, offer sound advice on work terms and conditions etc.

For the record, anyone who even thinks they even may have work problems in the future (probably in reality most of us)s should get in a union fast - free advice, including legal advice, and representation, and they will know what employers can and can't do. A little payment every month to get this and much more - think of it is job insurance. It's the best investment you'll ever make. I speak from experience.

Good luck.

Only if they feel you have a chance of winning

Poppy71

Thank you everyone for your advice.
I did text one of the committee members the same day the letter arrived and explained that I was not happy with some of the content of the letter and that I would be composing a letter asap to explain further.
I am not in a union, the charity does not offer it, if it did I certainly would join.
So it seems then that they can change my contract without my permission even while I am on sick leave and it isn't breaking any laws?
I will definitely try and challenge it all the way...not a happy bunny.
Thank you again people for helping me, much appreciated ;-)

Takeaway_Addict

To be a union member you do not have to be 'offered' it, you can join and the employer is not allowed to punish you for being a member

Takeaway_Addict

Poppy71 wrote: »

Thank you everyone for your advice.
I did text one of the committee members the same day the letter arrived and explained that I was not happy with some of the content of the letter and that I would be composing a letter asap to explain further.
I am not in a union, the charity does not offer it, if it did I certainly would join.
So it seems then that they can change my contract without my permission even while I am on sick leave and it isn't breaking any laws?
I will definitely try and challenge it all the way...not a happy bunny.
Thank you again people for helping me, much appreciated ;-)

No one has said this.

Are you likely to be going back to work anytime soon

ValHaller

Poppy71 wrote: »

I did text one of the committee members the same day the letter arrived and explained that I was not happy with some of the content of the letter and that I would be composing a letter asap to explain further. I am not in a union, the charity does not offer it, if it did I certainly would join.
So it seems then that they can change my contract without my permission even while I am on sick leave and it isn't breaking any laws?
I will definitely try and challenge it all the way...not a happy bunny.
Thank you again people for helping me, much appreciated ;-)

No employer 'offers' a union. The best you get is a union which has negotiating powers with the employer. But even if the union does not have those powers, they could be very useful in a situation like yours.

So far, they have NOT unilaterally changed your contract. They have sent a letter which is a try on at a contract change. For the change to take effect, you have to roll over and say nothing.

It is not a case of trying to challenge it. They have misrepresented a telephone call to you as being your agreement. You just need to flat out reject their misrepresentation and the contract remains as it was until they try something else. In your position, I would not have texted them anything - it just muddies the water to do anything less than reject the misrepresentations in their letter outright.

Poppy71

I wouldn't have a clue how to go about joining a union outside of work,there was a union in the last place I worked but we were offered to join when we were recruited.
Although I want to return to work it is physically impossible a the moment and he doctor will not sign me back, I am currently still in a wheel chair and probably will be for the foreseeable, the job I did was extremely physical.
I wish I had found this forum before I sent the text but there are 8 people in the committee and I just felt that I needed to let them know as soon as I could that I was not happy with the letter but wasn't specific because I needed to look in to it, I had never heard of "0" hours contract until receiving this letter.
Thanks again guys ;-)