New job description

Cheeky_Monkey

Smallfry1 wrote: »

I have asked for the wording on my job description to be changed to say reasonable requests within my normal working hours. They've said no as I'm on a zero hours contract so they say I don't have normal working hours and they want all of them to say the same and everyone else has signed. Could I claim constructive dismissal as I don't want to work outside my normal hours.

No you can't.

Quite frankly, if you're being stroppy with them, don't expect to have your job for much longer.

Diamandis

Being asked to sign a contract is not constructive dismissal. Being zero hours makes this even worse. I'm surprised they're even taking legal advice before telling you to leave.

matttye

You're playing with fire by being awkward when you're on a zero hours contract.

Most employment contracts have a similar clause. It is simply because things change during the course of a business and they want the contract to be flexible so that you are obliged to carry out other reasonable tasks as required.

[Deleted User]

Always had this in my contracts. I might be employed on one department and work 99.9% of my time on that department but the contract says they can request me to do any other department when required (subject to having the correct training).

It however doesn't mean they expect me to work over my hours to fulfill this if this is what you are concerned about.

xapprenticex

Tbh if i were them id let you have your way and keep your current contract, and ill offer you zero hours on your zero hour contract.

See how your just over 2 years service helps you then.

Seriously, sounds like you are not understanding your position with with company.

Smallfry1

Does it make any difference that I have worked the same hours every week for the last six months?

Diamandis

Smallfry1 wrote: »

Does it make any difference that I have worked the same hours every week for the last six months?

No.

If you're going to ask for changes to the contract being offered, surely asking for guaranteed amounts of work is much more important than doing reasonable other duties?

[Deleted User]

What I was told by a solicitor in similar circumstances was by going into work and doing your job you are deemed to have agreed to it despite not signing.

[Deleted User]

Smallfry1 wrote: »

Does it make any difference that I have worked the same hours every week for the last six months?

So are you a zero hours worker?

Zero hours ... "Where the employer is not obliged to provide any minimum working hours" so this thread seems even more moot.

If you have been with a company 2 years surely you've seen how people are treated who go against the grain. All the dismissals I've heard of recently and read all include 'Attitude' in some way - yeah do it in private, never in front of the employer unless you are prepared to ship out. Even exit interviews I'd refuse to vent. Silence is golden they say.

Only recently I'd found myself interviewing for a job fairly close to an old company I gave attitude to a few years back, (lets say what could be an interesting way around references!) no idea why I wasn't sacked looking back and now knowing what happened to others, so I'm super sure I would be nowadays - anyways this is how it can come back to haunt. Doesn't have to be right away so be careful.

Will your taking action against an employer and it turning public effect your nearest and dearest who share same surname in regard to their working careers?

FBaby

Does it make any difference that I have worked the same hours every week for the last six months?

No it doesn't. Companies can change job description/hours work and will be able to defend the decision in court if they can show that it was for the need of the business.

The fact you're on 0 hours mean you do not have set hours, so you would have no case to defend. The fact that they have accommodate you until now is irrelevant.

Totally sympathise about concerns over working hours, I too wouldn't want to work unsociable hours, but in that case, I wouldn't have stopped looking for a job with set hours where the business only operates from 9 to 5 M to F.