Contractual Matters

Can My Employer Change My Contract?

He can change it by negotiation or, if you don’t agree, he can take the risk of dismissing you and offering to reengage you on the new terms. Then, if you refused and claimed unfair dismissal, a Tribunal would have to assess the reasonableness of your employer’s conduct, which would probably come down to whether there was a sound business reason for the change. I have to say that, in the current economic climate, an employer is quite likely to win that argument.

If you’re in that situation, you need to take advice. Call Rupert Budgen on 08458 73 73 33.

What Are My Rights As A Part-Time Employee?

The simple answer is that you should have the same rights as a full- time employee. Your employer shouldn’t treat you any worse for any reason linked to your part-time status. For example, he mustn’t pay you a lower hourly rate than a full- time employee doing the same job. If you think you’ve suffered discrimination because you work part time, give Rupert Budgen a call on 08458 73 73 33.

How much notice must be given to end my employment?

S.86 of the Employment Rights Act says that an employer must give a minimum of a week’s notice for each year of service, up to a maximum of 12 weeks. If your contract provides for longer notice, then that’s what the employer must give. If you’ve committed Gross Misconduct, you’re not entitled to notice or payment- in- lieu.

S.86 says that an employee must give at least a week’s notice. If your contract provides for longer notice, that’s what you have to give.

I’ll be answering a question on constructive dismissal later. Most employees who think they’ve been constructively dismissed don’t give notice.

Should an employer give me a written contract of employment? 

Your employer must give you a written statement of the main terms of your employment, covering the items set out in Section 1 of the Employment Rights Act. If you don’t get a S.1 statement, within 2 months, a Tribunal can order your employer to pay you a minimum of 2 weeks money and a maximum of 4 weeks money, if you lodge a claim for something else.

What are my rights to notice before dismissal? 

If you’ve committed Gross Misconduct, you have no right to notice or payment in lieu. The employer is likely to dismiss you there and then. Otherwise, look at your contract. If you don’t have a contract, the law sets minimum notice periods of a week for each year of service up to a maximum of 13 weeks.

What is Wrongful Dismissal? 

If you employer dismisses you without notice or fails to pay notice- money, you may have a claim for wrongful dismissal. It may come down to whether you’ve committed Gross Misconduct or not. If you’ve committed Gross Misconduct, you’re not entitled to notice or notice money. For some highly paid employees, that claim may be worth more than £25,000, which is the limit of the Employment Tribunal’s jurisdiction in breach of contract claims. A claim for more than £25k would have to be issued in the High Court.