Change of hours help needed

[Needananswer]

I began working for my current employer 2020.

I started with a contract for 20 hours.

When covid started they advised that I was being made redundant.

 

After 2 weeks they reinstated me with an interim contract of 54 hours as other members of my team couldn't come back due to health issues.

I was doing 6 days a week every week for just under 6 months.

They have then cut my hours back to 30 hours a week.

 

I have been advised that if you have an interim contract for more than 12 weeks it becomes your new contract.

Can anyone advise me on this.

I need to know my rights. 

[Emmzzi]

Hi,

 

what outcome are you looking for please?

 

what kind of contract are you on? permanent, zero hours, casual, fixed term,..?

 

The 12 week period applies to a very specific set of agency working conditions. It's very unlikely to apply here. But do ask the person who gave you this advice what legislation they mean in case I missed something!

 

 

 

[Needananswer]

My contract when I started was 20 hours pw permanent.

I was then made redundant.

 

They brought me back in with a interim contract which stated I was now employed for 54 hours pw.

This ended without any notice after 5 months.

No new contract with reduced hours was ever presented to me

[Emmzzi]

I am not sure what an "interim" contract is, in legal terms. Do you mean it was for five months, or something else? Perhaps quoting the exact wording on end dates, notice periods, and hours to be worked, would help?

[Needananswer]

It had no date ending as the Interim contract only states that the hours required will be from 8am to 530pm Monday thru to Saturday with 1 day of the weekend off.

The manager at the time also had the exact same wording on her interim contract although she has since moved positions within the company and has a new contract to state so.

 

The question I need to know is

the interim contract a direct replacement for the old contract?

 

As I was made redundant the original contract surely is null and void and the interim was the replacement.

Would they not require me to sign a new contract if my hours and days were different from both the original contract and the interim contract.

 

I have had my pay slashed in half as a result 

[Emmzzi]

I am confused by the use of the word interim. I think this is just a normal contract?

 

Regardless; have a look at the section on this page about changes without agreement.

 

https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems

 

However note they could simply make you redundant; you are under two years service, and therefore no payment is due. In practical terms, you may have few options.

[Needananswer]

So the long and short of it I will get screwed regardless.

If I dispute my hours and say I should be getting the 54 still they can just say goodbye because I have been less than 2 years in this employment.

 

Would it make any difference that a new company joined forces and that's when my hours were changed.

 

What ever happened to workers rights.

They have said that they can not find my original contract or the replacement one which came into force when the 1st lockdown started.

 

Also would my 2 years only start from when I was re-instated as was made redundant in March due to covid. 

[Emmzzi]

Yes, from reinstatement.

 

No, the reason for hours change makes no difference unless you are a TUPE transfer. Even then, it's just a different process.

 

Workers rights are much easier to enforce when you are a member of a union. 

 

Don't go in with "dispute" in mind, Go in with "help me understand." The best fight is the one you avoid, because then no one has to lose.

Edited February 18, 2021 by Emmzzi