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Contract is it still valid?


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I have worked for my employer for nearly 2 years and had signed a contract whilst full time, but since September this year I went part time as I had started college but have signed no new contract with these working times/hours changes and was wondering whether my initial contract would still cover me now? I don't think it would which would work out better as they are trying to screw me over regarding holidays so I am looking to possibly resign tomorrow giving one weeks notice as I am no longer under contract which would mean I would get paid for my accrued holidays this year.

 

Thanks in advance of any information/advice.

 

Cheers.

 

Stuart Wilson

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A quick reply:

 

I would argue old contract continued only change to T & C's being working hours.

 

Thus a pro-rata holiday entitlement should be what you should receive.

 

Thus assuming F/T (5 day worker) = 28 days per year then;

 

P/T worker (for example 3 days per week) = (28/5) X 3 = 16.8 (17 days)

 

Che

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

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You wouldnt necessarily get a new contract when going from full time to part time. It would be the same contract but different hours and pay. Even if they gave you a new contract, you would still have the same commencement date and your employment would be continuous from that original date.

 

What it seems you are hoping for is new employment since September but that isnt the case. You would have had to have had a break in your employment for that to be the case.

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