my boss is adding hours to my contract and wont discuss it with me. can he do this?i currently work 37hours and he wants me to do 40+.need advise fast please.
2007-01-19 08:24:22 · 4 answers · asked by Anonymous in Business & Finance ➔ Careers & Employment
It does depend on the terms and conditions of you contract. If it states your hours in the contract then this is a variation to that and he can't do that without consultation.
Assuming you're in the UK, have a look at the ACAS website (link given below).
What it appears to boil down to is that the employer has to notify you of a variation in the terms of your employment. If you don't accept this variation then the employer is at liberty to terminate your contract along the standard procedure e.g. giving you notice or paying money in lieu of notice.
If the employer doesn't follow the statutory procedure then you may have a case for unfair dismissal.
It's a muddy area and the burden of proof would fall to you by the looks of things, so you need to consider whether, if you don't accept the change of hours, if you want to leave, as that sounds like a likely outcome. But your employer will need to tread carefully to avoid unfair dismissal.
2007-01-20 00:13:52 · answer #1 · answered by muppetofkent 3 · 0⤊ 0⤋
He can actually end your contract, and offer you a new one, so that he can up your hours, your current contract may already have a clause in it which states that he has the right to change your working hours/rota from time to time to meet the need of the business then yes he can, if you have your contract and can get a copy to me will check it for you.
shaun@sdhinternet.co.uk
2007-01-19 16:39:44 · answer #2 · answered by Anonymous · 0⤊ 0⤋
It all depends on the specific terms in your employment contract that you both signed. If it says that you agree to working a maximum of 37 hours a week without collecting overtime, then he could adjust it to 40+, but then he'll also have to pay you the overtime for those hours beyond 37.
Either way, there's no way for us to tell whether it's legal or not without seeing your actual contract terms.
2007-01-19 18:15:57 · answer #3 · answered by msoexpert 6 · 0⤊ 0⤋
If your original contract doesn't state that the hrs may go up or down and it's mandatory for you to take the extra time, then NO he cannot change your hours. Make sure you read the fine print of your contract and if he is getting you to renew your contract you do not have take the extra hours he is wanting you take.
2007-01-19 16:30:47 · answer #4 · answered by be happier own a pitbull 6 · 2⤊ 0⤋