I'm sure this subject has been mentioned before but I'm hoping someone will know the answer.
4 people in our DO have had their contracts changed from temporary 39hrs per week to permanent 30hrs per week. All well and good (a permanent contract has got to be better than a temp one) but the problem is that not one of them was given any notice about this. So the questions are:
1. Is this legal?
2. Should they have been given notice of a change to their contracts?
Thanks
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Changes to Contracts
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Changes to Contracts
It would depend on what length of contract they were employed on and how long they had been working 39hrs on a "temporary" basis..
If they were employed on a 30hr contract but they have since been doing 39hrs on an ad hoc basis then their contract remains 30hrs,all that has changed is a move from fixed term to substantive and no notice is required.
If they were employed on 39hr fixed term contracts then no change in hours should be applied until the termination date of that contract,then they could be offered 30hr permanent contracts and it would be up to them to accept them or not.
If they have been working those hours for 12 months or more it gets more complicated because the job security agreement kicks in but if you've also had a revision lately that will also affect their position...in these cases contact your branch,in fact contacting your branch or Area Rep is probably the best advice all round.
If they were employed on a 30hr contract but they have since been doing 39hrs on an ad hoc basis then their contract remains 30hrs,all that has changed is a move from fixed term to substantive and no notice is required.
If they were employed on 39hr fixed term contracts then no change in hours should be applied until the termination date of that contract,then they could be offered 30hr permanent contracts and it would be up to them to accept them or not.
If they have been working those hours for 12 months or more it gets more complicated because the job security agreement kicks in but if you've also had a revision lately that will also affect their position...in these cases contact your branch,in fact contacting your branch or Area Rep is probably the best advice all round.
good times, bad times you know I've had my share
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Biker Mouse
- Posts: 543
- Joined: 19 Oct 2009, 18:37
- Gender: Male
Re: Changes to Contracts
Has the Job Security Agreement been finalised? Any link so I can print it out please?fishtank wrote:It would depend on what length of contract they were employed on and how long they had been working 39hrs on a "temporary" basis..
If they were employed on a 30hr contract but they have since been doing 39hrs on an ad hoc basis then their contract remains 30hrs,all that has changed is a move from fixed term to substantive and no notice is required.
If they were employed on 39hr fixed term contracts then no change in hours should be applied until the termination date of that contract,then they could be offered 30hr permanent contracts and it would be up to them to accept them or not.
If they have been working those hours for 12 months or more it gets more complicated because the job security agreement kicks in but if you've also had a revision lately that will also affect their position...in these cases contact your branch,in fact contacting your branch or Area Rep is probably the best advice all round.
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fishtank
- Posts: 19732
- Joined: 28 Sep 2007, 17:22
- Gender: Male
Re: Changes to Contracts
http://www.cwu.org/assets/_files/docume ... _and_m.pdf" onclick="window.open(this.href);return false;Biker Mouse wrote: Any link so I can print it out please?
good times, bad times you know I've had my share
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Shaman Mao
- Posts: 133
- Joined: 03 Jan 2013, 22:46
- Gender: Male
Re: Changes to Contracts
Thanks for that. The people affected have been on temp 39hrs contracts (renewed every 6 months) for well over a year. I'll pass it on, altho it has to be said the local rep didn't seem particularly interested
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Biker Mouse
- Posts: 543
- Joined: 19 Oct 2009, 18:37
- Gender: Male
Re: Changes to Contracts
Thanks!fishtank wrote:http://www.cwu.org/assets/_files/docume ... _and_m.pdf" onclick="window.open(this.href);return false;Biker Mouse wrote: Any link so I can print it out please?