Employment Tribunal jurisdiction - breach of contract and working under protest

[Emmzzi]

Well, that's for the court to decide. I don't want to pre-empt the judge!

[Christine934]

I have another question! (There is a lot to sort out with these employees!)

 

In a case where an employee has had his hours reduced by 33.3% and the employer refuses to acknowledge that that would be a redundancy situation if the employee did not wish to accept the reduced hours, what remedy would the employee have?

 

He does not wish to resign as that may jeopardise his rights. Does he merely work under protest and whilst working, put in a claim with the tribunal that in effect his employment has been terminated due to redundancy, or is there some other course of action that he should take? I add that he has been an employee for 18 years.

 

Many thanks again, I really appreciate all your help.

[stevemLS]

It does seem to me that if you are having so many problems with the one employer, maybe it's time to think about working elsewhere.

 

On the superannuation scheme, I joined local government in about 1988 and at that time you definitely had to opt in - and it has always been contributory.

[Emmzzi]

if he is not an employee the hours can be reduced.

 

again, one for the court.

[Christine934]

Hi, this person with the potential 33.3% of hours reduction is an employee with a contract, but the other people are doing the same job as him since years and think they should be contracted employees too, not self employed.

 

There seem to be a number of different contracts going around, I have seen as and when, casual worker, part time and full time, all for the same job. The self employed though were give "consultancy agreements" to sign which basically absolved the company from any responsibility; this is what made them start digging into their possible rights and now they have an ET1 filed, awaiting the ET3.

[Emmzzi]

does his contract state they may vary hours?

[Christine934]

No, it was a six hour contract but over the years they consistently increased to 18 hours, (he is an instructor). Would cutting his hours to 12 give him a redundancy situation?

 

Previously he has had his new hours confirmed in court as his established hours as they had been worked for well over two years.

 

Thank you for all your help!

[Emmzzi]

I am not asking how many hours is contract says he has. I am asking if it says they can vary his hours.

 

No, not necessarily redundancy, more like breach.

[Christine934]

No it has no clause in it to say that they can vary hours, but it could be more a breach of contract? What if he refuses to accept the changes and they really want to make them?

[Emmzzi]

then, as with everything else in your thread, you go to court....

 

Why are you so involved in this? Are you the union rep with no training?

[Christine934]

Thank you, I'm not a trade union rep, this person is a close friend of mine.

 

Going back to the breach of contract for reduction in hours, what would the remedy be in your opinion please, just for an idea of what he could be entitled to?

[Emmzzi]

This is clearly a complex set of questions. I'm not happy advising as yet another and another query come to the fore. I feel I don't have a whole picture.

 

I believe that you need a proper legal advisor who can review all documents and offer an opinion on the whole situation. If there is a reasonable chance of success you may find a no win no fee person to assist.

 

One of the other posters may feel differently/ have more time?