my partner, is working for a company under a contract that states that he must work every Saturday, however this company took over an old company, but kept on the same staff with the same contract stating they do not have to work all Saturdays and when they do they get extra pay, my partner is not entitled to this although they are doing the same job and working for the same company, I was wondering if this was legal?
Location England!
2007-01-05 08:55:11 · 5 answers · asked by caps_harper 2 in Politics & Government ➔ Law & Ethics
I asked this because I'm currently studying law - first year so I don't know much... however I'm fully aware that if my partner can find discriminative grounds for him getting paid a lower wage on a Saturday, it's not legal... is there anyway he could have them for discrimination?
2007-01-05 09:11:25 · update #1
employment law is a real minefield -he will need to get a solicitor (skilled in this area) to check out the scenario.
2007-01-05 09:00:55 · answer #1 · answered by Pete W 2 · 1⤊ 0⤋
Hi Caps.
This is a matter of contract law. He agreed to these conditions of employment so he is obliged to carry them out.
The other people came under the transfer of undertakings legislation. Their contracts cannot be changed without their agreement.
Discrimination law is worded slightly differently to this and is intended to ensure equality on the basis of sex, race, disability age, religious belief and sexual orientation.
Your partner has not been discriminated against as a result of being a man or woman etc. It is the contract he/she agreed to at the time of commencement of employment. There can often be differences between contracts when one firm takes over another. He/she will have to try to re-negotiate their terms of employment but the employer does not have to agree.
You will probably cover employment law in your second year and discrimination and human rights in the third year.
Find out who the lecturer is and ask the question. Most lecturers will be happy to tell you exactly what the law is but they will be unlikely to take the case for you.
Good luck
2007-01-05 23:48:54 · answer #2 · answered by LYN W 5 · 0⤊ 0⤋
YES it is legal. From a Union point of view, if you partner started working for the new company he is bound by his terms and conditions of employment. the people who were taken on when his company took over, the satff would have been taken over under TUPE which means they are able to stay on the same conditions they were originally employed. ie get extra for weekends etc. when new staff start they will be the same as your partner, it will only be equal when the old company staff leave and all will be on the same contract of employment.
2007-01-05 09:06:08 · answer #3 · answered by sunnybums 3 · 0⤊ 0⤋
You don't have to offer the same contract to all employees. Some people are better at negotiating than others.
2007-01-05 09:38:49 · answer #4 · answered by Phoenix, Wise Guru 7 · 0⤊ 0⤋
contact the chamber of commerce
2007-01-05 09:03:13 · answer #5 · answered by Indio 4 · 0⤊ 0⤋