16 hours contract

[lochnettie80]

I wonder if anyone could advise me , I gave been working at a pub for 34 months on a 16 hour contract. In August we had new owners come in and my contract was carried forward . All good

 

Now here's the hard part 10 days ago we were told it was being taken over again and that our contracts are being carried over . So Monday comes and I go to work as normal to find said pub is closed I manage to get in and am told come back Wednesday to find out if I still have a job . I go back Wednesday , yes I still have a job but they will have to change my shifts . I explained that I work the shifts I do as I have 3 children so can only work weekdays

 

My problem is I'm back at work today but the new owner has said I will only be paid for 4 hours as that is all I will have worked this week as the business has been closed , I normally work Monday 11-3 tues- friday 11-2 surely she should pay me 16 hours can only one clarify this for me

 

 

Thanks x

[becky2585]

If your contract states that your usual working hours are 16 hours, then that is what you should be paid. It's worth checking whether there is any lay off provision in the contract, though.

 

It isn't clear from your post, but if the pub has been subject to a TUPE transfer then it sounds like many of your employment rights may have been breached - I would seek legal advice!

[lochnettie80]

How would I find out if it was subject to tupe?

[honeybee13]

How would I find out if it was subject to tupe?

 

Have you have any paperwork about this, LN? That's where you'd normally expect TUPE to be mentioned.

 

HB

[lochnettie80]

I have not had any paperwork from anyone should I have

[ccholland]

Hi - have you never been given a contract of employment / statement of employment - especially when you started the job?

[rebel11]

Here's some info:-

 

http://www.adviceguide.org.uk/wales/work_w/work_rights_at_work_e/contracts_of_employment.htm#h_what_is_a_contract_of_employment

[lochnettie80]

Yes I signed my contract in jan 2012 for 16 hours . I was then told to sign new contract in august that was a continuation of employment. I was then told by area manager that contracts of employment had been transferred to new owners of the pub starting from Monday just gone . I am yet to sign a contract with new owners .

[honeybee13]

Thank you for the extra information.

 

This doesn't sound right to me, but hopefully forum members who know about TUPE will see this and respond to you.

 

HB

[lochnettie80]

I signed new contract in August as that was when the last owner took over x I found out today that the new owners have dismissed all other members of staff whose contracts were also transferred. I have yet to sign contract with the new owners

[Sidewinder]

I hope that the new owners have very deep pockets and sound legal advice!!

 

There are very few occasions where the transfer of a business does not involve TUPE - the Transfer of Undertakings and Protection of Employment Regulations. This stipulates that where there is a transfer of a relevant undertaking (the business) then the incoming owner must also take on the responsibility for any staff employed by that undertaking. This must be on your current contract and all of your existing T&Cs are protected - hours, pay, benefits (there are exceptions for pension provision).

 

Staff cannot be dismissed where the reason is the transfer itself - this may well mean that your colleagues who have been dismissed may well have been treated unlawfully. They would be well advised to seek a professional legal opinion

 

With regard to the 4 hours pay - as stated above, this is almost certainly unlawful and you are entitled to the pay for your normal 16 hours unless your contract has a lay-off clause

 

I have yet to sign contract with the new owners[/Quote]

 

You don't need to - your existing contract is still in force and there are very strict rules about changing any of it

 

I strongly suggest that you raise a grievance over the failure to pay your wages - you could sue for a breach of contract if not paid - and ask the question about TUPE Regulations, the fact that you should have been consulted before the change took place, and the fact that TUPE obligations mean that your current T&Cs, pay and hours of work must remain as they are.

 

Almost certainly worth you also speaking to a solicitor - you should be able to get a free initial consultation - and getting a qualified opinion, but on the face of it the employer could well be in trouble

[ccholland]

I agree with Sidewinder - you should certainly seek legal advice as soon as you can and your colleagues should too. Just a question though have the ones that have been dismissed been working at the pub for less than 2 years?

 

 

With regard to wages the general rule is that wages must be paid if an employee is available for work, but everything will depend on whether there is an express or implied term of fact in the contract which deals with the matter. For example an express term to the effect that 'no payment shall be paid during a period of lay-off' will eliminate the possibility of a contractual claim being brought against the current employers. Deductions from wages are unlawful unless required or authorised by statute - for example PAYE or social security contributions or the worker has agreed to the deduction. The worker must have given oral or written consent to the deduction before it is made and then to satisfy the requirements of the Employment Rights Act 1996 (ERA 1996) there must be some form of document which clearly states that a deduction is to be made from the wages and that the employee agrees to it. When you do seek legal advice ask about 'Guarantee Payments' as this was introduced to protect employees in the event of short-time working.

[lochnettie80]

Hi all sorry for the delay , I now have a copy of my contract. The exact wording in it is : you will work 16 hours per week. The company may require you to vary the pattern of your working hours on a temporary or permanent basis as necessitated by the needs of the buisness

 

Could anyone clarify whether this would included reducing my hours as I have now been cut hours down to 11 while 2 new members of staff are full time and another 2 are working 20 hours each ,

[lochnettie80]

Sorry forgot to say I never actually signed a new contract n August , it was an employees details form . The contract that the last employers gave me was my original contract that I signed in jan 2012. So I have been working under thatching contract until nov 17 tg when new tenants took over

 

I also asked if we had been tupe over and was told yes. We had been.

[Emmzzi]

pattern is different to number. I'd say that's still 16 hours. Best have a frank chat with the owners.

[ccholland]

i know this may sound like a strange question but under what section / heading in the contract is the clause you have provided?

[lochnettie80]

It just hours of work ,

[ccholland]

Hi - have you had an informal chat with them about why they have reduced your hours and of so what reason have they provided to you (if any)?

 

 

I can help to a certain degree as I work in HR but you really do need to have a chat with a solicitor if you are not happy with the way you are being treated. I take it the pub is not owned by a chain?

[lochnettie80]

I asked yesterday as to why my hours had been cut she said they will enentually go back buts that's all she can give me for now. I M not happy the moment as I keep getting left messages every morning telling me I need to do jobs which no other staff are doing . I am now working on my own during the lunch period as we serve food as well as doing the daily cleaning task that have been set. I was left a note saying I most complete all the daily tasks of cleaning before I leave work it's be coming impossible

[ccholland]

bless you as it sounds like they are taking the **** - that is not a good enough reason - although I cannot say for sure without seeing the whole contract they should still pay you for 16 hours per week even if they have no work for you so they owe you money. I appreciate it is very difficult to 'stand up' to your current employer as I guess you want to keep the job but they cannot treat you like this. Please consider going and seeing a solicitor - as mentioned by another poster previously you should get a free 30 minute initial consultation and if I were you I would take your contract of employment with you and notes of when the reduction started etc.

[lochnettie80]

I could send you a copy of my contract but I don't know how to upload it on here

[lochnettie80]

I don't know how to put my contract on here I'm usingy phone I have photo stored on it of my contract

[ccholland]

I'm not sure how to do that either I'm afraid - hopefully a member of the site team could help please?

[SabreSheep]

If you are employed for 16 hours a week they have a duty to provide 16 hours per week of pay regardless if you work less. They can either pay you 16 hours for working less or give you the 16 hours.

 

TUPE regulations do nto allow them to change your contract at a whim. Your previous T+Cs are protected. One pointless note is that they can IMPROVE your t+Cs without your permission, but I doubt if that ever happened anyone would complain (Eg raise salary)