Change In Hours ... No New Contract

[PaulieP]

Hi everyone

I am a shift manager in a customer service department and had been working 12hr shifts on a '4 on, 4 off' rota switching between nights and days. The contract we have/had is very specific in hours worked and leave granted due to the unusual shifts.

In February 2008our direct manager changed our shifts to an 8hr pattern of 5 days on, 3 days off. This works well and we have been doing this since February 2008 on the same salary. However, we still have not received a new contract for these new hours.

We are happy with our hours and the new pattern means we work an average of 35hrs per week instead of 42hrs per week. We believe this was overlooked at the time either deliberately or through negligence but obviously to our benefit. However, new management has been brought in and we think they may pick up on this fact and try to increase our hours.

My questions are:

As we have now worked the new shift pattern for 4 months without having received a new contract, can we assume the company has legally agreed to those hours?

If we now asked for a written contract, would the company have to supply one based on the shift pattern and hours we currently work?

If the company now tried to increase our hours, could we demand a raise to cover the extra hours?

Many thanks

PaulieP

[Sidewinder]

Originally Posted by PaulieP

My questions are:

As we have now worked the new shift pattern for 4 months without having received a new contract, can we assume the company has legally agreed to those hours?

Yes - you could quite legitimately argue that it has been custom and practice that you work 35 hours for the same rate of pay that you used to earn for a 42 hour pattern. I take it that there was no written agreement that the employer would maintain your pay for a pre-determined period in order to trial the new shift pattern? In the absence of one then your collective understanding was that the employer was willing to maintain your money in return for adopting a shift pattern which better suited the needs of the business. This was the trade-off to 'buy you out' of your old contracted hours.

If we now asked for a written contract, would the company have to supply one based on the shift pattern and hours we currently work?

To ask for it in writing might just poke a stick into a wasps nest. Remember - contract terms can be implied as well as written, and it has been implied by custom and practice that you work 35 hours a week.

If the company now tried to increase our hours, could we demand a raise to cover the extra hours?

Yes - for the same reasons as above. If they want to change your contract again then you can argue for compensation for an extra 7 hours a week. A Union would undoubtedly argue this for you if you are a member, but even if not, then as long as you all sit firm then they would find it very difficult to change the status quo.

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[PaulieP]

Hello sidewinder

Thanks for such a quick response.

There has been no agreement in writing regarding a trial period at all. There has actually been no discussion as all, written or verbal, since we agreed to change to the new shift pattern.

We do not have Union representation unfortunately, however, with your information I think we would feel confident in taking your advice and sitting firm and maybe seeking collective legal representation at a later date if needed.

Many thanks again.

Paul.

[paulgmb]

A lot would also depend on whether you were salaried or hourly paid. I assume that as you have not received a reduction in salary although you hours have reduced that you must be salaried or is this the concern, that you are hourly paid but they haven't noticed you are working less hours yet!?
Regards,
Paul.

[sharkie]

Paul

I agree with the others, if you are paid hourly there could be a problem.
If this is not the case and you have worked for sometime on the new hours etc, and they have not issued new terms and conditions and your employers have not questioned this, then in my experience you have now established your new hours etc as sidewinder said.
Remember your new employers can change your T & C's anytime provided you are given the statutory consultancy period, therefore I would suggest that it may be best to "let sleeping dogs lie" as they say, especially if the system is working.

All the best.

[labrat]

paulie not lenton lane in notts by any chance cos i know they were going to trial that but not sure what the rules behind it wehre

[PaulieP]

Hello labrat ... no not that one. We are actually based in Gibraltar which follows the UK legal system.