Can they do this??

happygal_3

Hello never posted on here but really hope one of you guys can help me.

My partner is on a 40hr a week contract at work which he does slightly over most weeks away (ususally to cover someone who has phoned in sick at the last minute).

His employers want him to sign a new contract which will increase his working week to 48 hours but he won't receive any extra payment for this. At the moment he has said no - could he get sacked for refusing? and can his boss legally increase his hours but not his wages?

He works all bank hols, xmas, weekends as a matter of course and also works 5 evenings and 2/3 breakfast shifts a week so feels that for his salary of £14,900 his boss isn't getting a bad deal as it is!:rotfl:

Lakeuk

Don't think they could sack him as the change in terms is not reasonable

I personally would start looking for a new job, 48hrs against the salary is pretty much minumum wage

happygal_3

Cheers Lake. Bit of a nightmare as everything round here is seasonal and min wage!!

He is going to contact ACAS in the morning as they have also told him he cant take his paternity leave which according to his contract he's entitled to but he can have unpaid leave if he wants it!

NAF_3

I'm pretty sure that if there is a genuine business case for the change then they can sack him for refusing to change shifts. The way the Employer will look at it is that it is better for them to offer these new shifts than having to lay people off.

I've no idea who your husband works for but if they can prove its necessary I dont think there is a whole lot that can be done. I know the Michelin factory in Northern Ireland did just the same and got away with it.

ceridwen

but they arent asking him to change his shifts - they are telling him they want 8 hours per week of unpaid overtime in effect. They are ABSOLUTELY WRONG to try to get him to work extra time for the same money. Re paternity leave - dont know the law - but if it says he is due for paid leave then - then he is due for paid leave then and they must give it.

I would think he would have a pretty good case for resigning and suing them for "constructive dismissal".

They are "taking the michael good and proper" - they have been anyway by the sound of it, with all those antisocial hours. But they are now planning on going for the "gold star" in doing so. They believe they can get away with it and that your OH has no other option but to put up with such awful treatment. Well - in OH's position I would be going down the "constructive dismissal" route - but then my personal financial position allows for me to do that. I dont know whether yours is suitable to allow for that. I do hope OH can find another job soon - and then try not to get TOO tempted to "read the Riot Act" to this firm.

happygal_3

Ceridwen it is definately a mickey take. Thay have had another member of staff of for a while and tbh it doesn't look as though they will be coming back so I reckon they are trying to absorb these hours amongst the existing staff that are salaried to save some money iyswim.

Unfortunately Oh can't tell them to stick it or he would - we are having a baby in 4 weeks and I only get £63 a week in MA. He has today applied for several jobs and is considering taking something on a 6 month temp contract. The other option we have is for a change around and I work full time and OH works part time and looks after the children when I work - tho he says looking after 4 children would send him bald!!

NAF_3

http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

http://www.direct.gov.uk/prod_consum_dg/idcplg?IdcService=SS_GET_PAGE&siteId=en&ssTargetNodeId=434&ssDocName=DG_10037116

The above two links are the best I can find in dealing with your situation. Unfortunately it seems to back up what I thought was true. If they can show there is a genuine business need to do this then they can - albeit having to adhere to applicable employment law.

MissSunshine

http://www.direct.gov.uk/en/Employment/Employees/WorkAndFamilies/DG_10029398

This is a link about paternity leave and statutory pay which your partner's employer would be able to recover the majority of.

heydean

Tell your Partner to go to the Local C.A.B straight away, the C.A.B will have knowledge of were your Partner can get free employment help, remember if he get suspened from work while in dispute with his employer, he will not be able to claim any type of benefits so he has to think carefully what his next move is, many employers use the changing of work contracts to get rid of there employees

happygal_3

cheers for all your help on this. My oh got called in the office today and was told that it was standard practice to be put on a 48hr a week contract and he was put on the wrong one when he started!!

He has also called head office re his paternity leave but no one has bothered to call him back. Still not signed contract tho. He is desperatley looking for a new job as he is sick of the grief he gets compared to his salary.

ceridwen

Oh really!!!!!!!! "Standard practice" for a longer hours contract for £14k odd salary pa. The phrase "pull the other one - its got bells on" applies to that firm methinks. I DON'T think so. I seriously do not believe any firm would really let an employee work 8 hours per week less than others for the same money by mistake.

In fact - come to think of it - the fact that the new proposed workweek comes to 48 hours strikes me as rather odd - in that 48 hours is the maximum workweek permissible by law basically (short of your O.H. signing an opt-out to work longer). As employers go theres bad - and theres even worse. I would say your OH's employer comes under the "even worse" no doubt at all.

Just where are good employers when one needs one? Are there any?