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Employment law advice needed

7 replies

Sortingfinances · 18/11/2018 20:45

Hi
I have a permanent part time contract. The hours I work are reviewed annually and can be increased or decreased by 10% according to business needs (and to a degree, my requests).
For 10+ years, the new hours became my new baseline contract.
Last year my hours were increased by 8%. I signed the contract missing the part that said it was for a fixed period of 12 months. Every other year it simply became the new normal.
In renegotiating hours for this year, I had to start from my old lower hour contract. I ended up with the same hours as last year, but again with the fixed period clause.
I have been sitting on this but need to hand the contract in!
My question - do I have any security in the 2 'fixed term' years running back to back?
I'm kicking myself for not spotting the extra line - typically it was the first time in years they hadn't messed my hours up anyway!
Thanks in advance for any help or comments.

OP posts:
Coffeeonadrip · 18/11/2018 20:54

After 2 years of back to back contract you get the same right as permanent employees when it come to redundancy or dismissal situation. So e.g. if they decided that they don't need you anymore and your role is not needed then it's a redundancy and you are entitled to redundancy pay. They also cannot dismiss you unless they have a fair reason I.e. can't just tell you "It's not working" or "Don't have hours for you anymore".

Sortingfinances · 18/11/2018 21:25

Thanks. It's more the issue with the annual variations. My underlying contract is permanent so redundancy is fine. After 2 years can they then cut my hours back to the old lower level?

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Pinkprincess1978 · 18/11/2018 22:24

I've not come across a contract like this. I would think it gives them the ability to in effect reduce your hours by 18% - the 8% 'extra' you are doing this year then up to the 10% from your base like next year. I would think as it's in your contract to do this then it is legal. I suppose it's like someone with a part time perm contract having an increase in hours temp then going back to perm hours which is legal so long as appropriate notice is given.

Coffeeonadrip · 18/11/2018 22:58

Do I understand correctly that the original contract says 10% more or less than the original hours and you've been agreeing to temporary changes ever since? Then yes after the 12 months it can/should go back to original hours and the new hours set from there. Hard to say without knowing the wording of the contract though....

Sortingfinances · 18/11/2018 23:28

Yes coffee, but in the past the new hours became the new contract upon which the +- 10% could be applied.
This new clause was inserted last year and I didn't notice it.
Previously any midyear changes had been temporary but not full year.
I'm a teacher if that makes it clearer.
Any yes pink princess that is absolutely my concern - dropping 18% (along with no faith that it won't be used against me if I do query it,).
I should have noticed and queried the new line last year.

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Coffeeonadrip · 18/11/2018 23:33

In that case the base line is the last permanent change so 2 years ago if I read it right. Any new hours can be 10% more or less of that. Just because you agreed to a temporary change last year doesn't mean you have to agree to this one. What happens if you don't? Do you go back to what your permanent contract is (or was before the last temp change)? That would be my assumption. If you do plan to query it however please don't wait as if you continue working your new hours that means you are happy with it and agree to them.

Sortingfinances · 19/11/2018 08:30

Thanks. I'll query today. I'm happy with the new hours - assumed they were permanently new! Common place in teaching to not get contracts issued until the new year is well underway!

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