Do employers have to honour the contracts they issue?
My girlfriend works for a major pubco. Her contract states that her "Normal Hours of Work" are 20+. Does her employer have to honour this? I ask this as her hours for this week have been reduced to 6 without any notice or warning.
The small print of her contract states that "The company reserves the right to increase or decrease normal working hours from time to time, if seasonal variations lead to a fluctuation in trade."
This is clearly not the case as they have recently employed more staff including some Students on Summer Time contracts.
Any ideas?
Answer:
Yes a good idea for your girl friend to talk to her immediate line supervisor first before she starts rattling cages as there might be a perfectly good explaination. Let them explain then if she still feels aggreived then she ought to seek free advice from the C.A.B in your area. Also if she is in the union (entitled to join even though she is hourly paid and not staff) she would be wise to get them involved BEFORE she has spoken to the C.A.B. Let them fight her corner that is what she pays her dues for.
I take it that your girl friend is on an hourly paid contract and the decrease in her hours has affected her take home pay. Personally I would start looking for another job with a bit more security and guaranteed hours of work. Though be carfeul for that ever grafty clause 'Expected to work when and as required' that's another one employers include in the small print.
She would have to prove there has been no change to the trade. It sounds as though they have recruited students on a lower wage and so are cutting back on higher paid staff.
Check it out with the C.A.B.
Yes they do have to honour it. Seek legal advice on the matter at the CAB if she isnt in a union.
I would take the contract to the local citizens advice bureau as I think they may have a case to answer. If it turns out that you have a case you can take them to a small claims court for loss or earnings!
Good luck!
The link below should give you some basic info!
PubCo.s are a law unto themselves!! Looks like they've got it covered as it is hard to prove either way with fluctuation in trade. Has she tried talking to her boss about it? That would be the first port of call. If she gets nowhere try contacting ACAS or look for another job, there are lots of bar jobs at this time of year.
If your girlfriend is a member of a union, get them to take it up.
If not, find the appropriate union and join up. Employers today have no ethics and use any cost saving methods and tax dodges available. My advice is play it cool and join a Union.
They have to honor a contract, get a lawyer.
surely she should at least have received notice, but the contract does clearly provide something - but to then employ? sounds like he might be trying to save money - bet the students are on reduced rates. she should to go CAB and take legal advice, problem is industrial tribubnal cases are expensive and you cannot get legal aide for them so employers take the risk that employees will not bother taking action and so they get away with it. If it goes that far try getting a no win no fee lawyer
If she has car insurance some policies include legal advice - which is not limited to car related advice
The company reserves the right to increase or decrease normal working hours from time to time, if seasonal variations lead to a fluctuation in trade."
If it says this in her contract then I think its unlikely she can do anything about it because the company have told her they may decrease her hours...
THEY ARE IN EFFECT HONOURING THE CONTRACT.
Sounds to me like they be trying to get rid of her. Companies will use this a tactic to try and make and employee quit rather than firing them. Here in the US, if an employee is fired they can collect unemployment benefits, but if they quit typically they don't.
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