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Contract of Employment

A question on behalf of a family member who has been issued with a new contract. (Apols, I've just read it through before hitting "go" and it's an essay).

Background
4 years ago the company was having a rough time (as were many others) and staff were requested to reduce their contracted hours/salary in order for the company to keep afloat. My relative's hours were cut from 25 to 15 hours a week with a corresponding 40% cut in salary. The understanding (implied by the owner but not given in writing) was that the hours and salary would be reinstated when the company was in a stronger position. No amendments were made to the contract of employment. The reduced amount of work could be completed within the reduced hours. Fair enough, they kept their jobs.

Now

The company has been winning business for 18 months and is as busy now as it was prior to the "credit crunch". My relative is having to work extra hours to get the work done, but on an ad hoc basis - small amount of paid overtime, some unpaid overtime and some work done at home on her days off. So, in effect the owner is getting 25 hours work in exchange for 15 hours pay (plus maybe one or two hours overtime a week).

My relative has now been given a new contract in which the original 25 hours has been formally amended to 15 hours - i.e. the temporary and voluntary reduction in hours/salary has been made permanent.

So my question is (at last :D !), does my relative have any "rights" to expect the new contract to refer to the 25 hours but also detail the temporary reduced hours arrangement- perhaps in a side letter forming part of the contract ? My relative has not yet asked for the hours and salary to be reinstated but plans to, but this new contract has come out of the blue.

Professional/informed advice is very welcome, thanks as always.

EM xx

Comments

  • ERICS_MUM wrote: »

    Professional/informed advice is very welcome, thanks as always.


    How would you know?




    She agreed a change in contract 18 months ago. She has no evidence that this was a temporary change. And there was nothing to say it was, or that there would be a review of the change. Therefore it was a permanent change. At this point in time she has nothing to go on and cannot insist on her original hours back.
  • Phil_68
    Phil_68 Posts: 140 Forumite
    You expect all you want - but getting it is a different matter ;)

    They should have raised the issue when the temp contract came in, by carrying out the extra work it could be seen as part of the job.

    My best advice is to sign the new contract (15 hours) and do 15 hours work. DO NOT DO ANY UNPAID OVERTIME. As for working at home, Why? Employers that get you to do unpaid work are not worth a carrot and by continuing you are lining his pocket and draining your own.

    Phil.
    Life - It's only a once in a lifetime experience.
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