new employers going back on there verbal agreement to accommodate my hours

[independantwoman]

I’ve been an employee with this company since the 7th of January this year, I was employed on to a brand new campaign which the hours were confirmed to work 11-8 Monday-Friday which suited my needs and requirements as I have other commitments around these hours.

 

Recently I was moved from this campaign onto another campaign, which I was more than happy to oblige to as long as they catered to my needs around the hours that I could work. I had raised my concerns about these hours in the boardroom in front of 15 other employees (that will vouch for me and agree to what was agreed) and I was given a verbal agreement that they would accommodate the hours agreed.

 

3 weeks on I had received my hours for the future 2 weeks which most definitely did not accommodate the hours agreed to work. Where then I again raised my concerns to my trainer who then spoke to HR to get these sorted for me. A day after this I was pulled out of training to be told that the company could only offer me 3 solutions which was to either work 2-11 Monday- Friday every week and have weekends off, or to work day shifts with evenings off & to work weekends every week. The other solution they had given me was to drop down to a part time position which I still had to work weekends. All 3 of these ‘solutions’ did not cater to my agreed hours due to my commitments outside of work.

 

The same day I had been in a meeting with my recruitment manager and trainer to discuss the issues I was concerned over, where then they had said to me that I had to agree to either of these ‘solutions’ or id basically be letting myself go from the company. Due to the company not proceeding with their agreement on my hours it has led me to be completely stressed, causing me to have breakdowns in work, not sleeping at night and has affected my food intake and causing stress on my family also, as my other commitments outside of work affect them equally.

 

I have visited my doctor who had told me to seek legal advice on my employers due to the stress they have caused me.

 

Do I have a case under The Health and Safety at Work Act 1974?

And does anyone know my rights as i have only been in the company for 6 weeks?

 

 

Thanks, IW

[scousepie]

I’ve been an employee with this company since the 7th of January this year, I was employed on to a brand new campaign which the hours were confirmed to work 11-8 Monday-Friday which suited my needs and requirements as I have other commitments around these hours.

 

Recently I was moved from this campaign onto another campaign, which I was more than happy to oblige to as long as they catered to my needs around the hours that I could work. I had raised my concerns about these hours in the boardroom in front of 15 other employees (that will vouch for me and agree to what was agreed) and I was given a verbal agreement that they would accommodate the hours agreed.

 

3 weeks on I had received my hours for the future 2 weeks which most definitely did not accommodate the hours agreed to work. Where then I again raised my concerns to my trainer who then spoke to HR to get these sorted for me. A day after this I was pulled out of training to be told that the company could only offer me 3 solutions which was to either work 2-11 Monday- Friday every week and have weekends off, or to work day shifts with evenings off & to work weekends every week. The other solution they had given me was to drop down to a part time position which I still had to work weekends. All 3 of these ‘solutions’ did not cater to my agreed hours due to my commitments outside of work.

 

The same day I had been in a meeting with my recruitment manager and trainer to discuss the issues I was concerned over, where then they had said to me that I had to agree to either of these ‘solutions’ or id basically be letting myself go from the company. Due to the company not proceeding with their agreement on my hours it has led me to be completely stressed, causing me to have breakdowns in work, not sleeping at night and has affected my food intake and causing stress on my family also, as my other commitments outside of work affect them equally.

 

I have visited my doctor who had told me to seek legal advice on my employers due to the stress they have caused me.

 

Do I have a case under The Health and Safety at Work Act 1974?

And does anyone know my rights as i have only been in the company for 6 weeks?

 

 

Thanks, IW

 

I believe , but I could be wrong, if you work for an employer and have a verbal contract and you work under that agreement then it forms the basis of a contract so you don’t need it in writing.

 

 

Speak to ACAS as these ppl are quite good and give sound advice IMO..

[independantwoman]

When i joined the company i did sign a statement (not a contact) agreeing to be able to work flexible hours...

 

I only signed this statement as my hours were confirmed as 11-8 Monday to Friday to i didn't think it would affect me anyway

 

But as soon as i was notified to be moving to the other campaign i made them aware that i couldn't work late evenings or weekends which is where they verbally agreed to accommodate my needs

 

& now they are basically going back on there wood so i just don't know where i stand?

what is ACAS and where can i find contact details?

[scousepie]

Oral Addendum

 

Parties will sometimes verbally modify an agreement that was previously in writing. Be careful when you do this. Many contracts include provisions that state that no addendum or modification will be permitted unless it is in writing or signed. Even if a contract does not include this text, if the other party denies the existence of an oral addendum, you will somehow have to prove that the verbal agreement exists. If you cannot, you will still be bound to the terms of the original written contract.

 

 

Evidence

 

The biggest hurdle to overcome with verbal agreements in proving what the terms of the agreement are. Parties can easily forget the specifics of the agreement, such as promised timelines, payment agreements and other specific, numerical terms. If there are no witnesses to the verbal agreement, and none of the provisions were recorded, parties will find themselves in court arguing "he said, she said."

[scousepie]

her you go..

http://www.acas.org.uk/index.aspx?articleid=1461

[independantwoman]

Thanks for your advice, there were around 15 other employees moving form the same campaign onto a different one with me, who were all in the boardroom where this verbal agreement was agreed

 

I have spoken to most these people, who have all agreed to sign a statement saying that this was agreed

 

would this be ok to put forward to my employer?

 

 

 

Thanks, IW

[scousepie]

Thanks for your advice, there were around 15 other employees moving form the same campaign onto a different one with me, who were all in the boardroom where this verbal agreement was agreed

 

I have spoken to most these people, who have all agreed to sign a statement saying that this was agreed

 

would this be ok to put forward to my employer?

 

 

 

Thanks, IW

 

 

Job Done:

 

Has your employer threatened you with disciplinary action out of interest ?

[independantwoman]

they said to me that if i don't agree with the shifts they have given me i will basically be letting myself go, is this classed as constructive dismissal?

 

- the 3 different shifts they provided, neither are convenient with what was verbally agreed

 

so they have basically gave me a bad option, a terrible option and an even worse option?

 

 

Thanks, IW

[porkyp1g]

they said to me that if i don't agree with the shifts they have given me i will basically be letting myself go, is this classed as constructive dismissal?

 

- the 3 different shifts they provided, neither are convenient with what was verbally agreed

 

so they have basically gave me a bad option, a terrible option and an even worse option?

 

 

Thanks, IW

 

Don't forget, within the first year of employment, you don't really have many rights to fight with. If you make too much noise, they'll just get rid and won't need to justify it, so be careful not to cause too many waves.

 

Is there no in the middle compromise that can be reached?

[independantwoman]

Yeah that's what i'm afraid about, i know my rights are very poor at the moment

 

The system should do something to protect new starters in cases like these, as i am very willing to work

 

 

Thanks IW

[steampowered]

Whether or not the verbal agreement forms part of your contract, employment contracts can be varied. If you accept a variation in agreed working hours then this will form part of your contract going forward. If you do not accept the variation then that would result in a dismissal.

 

Unfortunately, there is not a lot you can do about this. You do not qualify for unfair dismissal rights as you have not worked there for long enough. Assuming you had worked at the company for a full month before your hours were changed, then you would be entitled to one week's notice. I don't think you will be entitled to anything else and you cannot force the company to stick to the old hours. I would start searching for another job.

 

You do not have a health and safety case. Good luck.

[becky2585]

The bottom line here is that you signed an agreement to flexible hours and your employer therefore has the legal right to do what they're doing.

 

Forget about unfair or constructive dismissal as you don't yet have two years service. It wouldn't be constructive dismissal, as there hasn't been a breach of contract.

 

Now that aside, what are your other commitments which mean you can't work the new hours?

 

If you can stick it out for 26 weeks, you could make a flexible working request if you need to care for dependants. If not, after only six weeks I think you need to just accept its not a suitable job for you and look for something more appropriate!