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Insecure about contract

9 replies

donkeyshrekmom · 13/03/2019 08:58

I've been working for a very small company (boss is the owner) for 9.5 years. About 3 years ago my job was extended a bit - more hours and correspondingly more pay. I have an email which states the new details (money/hours) but I never got a new contract. Since then I've had another small rise, also documented in an email. Over time I have worried a bit about this, as I've got used to more money, and would be in a fix if that were ever cut. I'm now frightened to raise it because i don't want to draw attention to the fact/ put the idea into the boss's head that I don't have a contract for the extra hours. This is because there have been some unpleasant changes recently and I feel like I need to watch my back (poor management - all another story which I won't go into here).
If boss did decide to cut my hours, would I have a leg to stand on? Is the email with new hours/pay legally binding?
Things are really unpleasant at the moment and this is just one more thing to worry about. I feel I can cope with being miserable but don't want to be worrying about money.
Is there anywhere I can go for (cheap) advice, just so that I know.

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Hoppinggreen · 13/03/2019 10:46

I’m sure one of the lovely helpful experts on here will be along soon but my understanding is that a physpaper contract is not necessary if you have been working a certain way/hours for certain pay. The contract is assumed. The fact that you have emails is even better

flowery · 13/03/2019 10:47

You don’t need a whole new contract every time you get a pay rise or something else changes. Written confirmation of the change to your terms and conditions is fine, and an email is adequate. Unless it says anything like the change being on a temporary basis you have no need to worry- terms which are confirmed in an email are no easier to change that terms in the original contract.

flowery · 13/03/2019 10:47

than terms in the original contract

donkeyshrekmom · 13/03/2019 11:49

I've just checked the email thread. It was quite casual (typical). And talked about the change of role /additional tasks, and then said it'd be reviewed in 10 months' time. Then further down the email it says what the salary increase would be.
There wasn't an official review. There have never been formal reviews - the boss thinks that taking me out for a coffee once a year, to listen to the boss talk and not listen, constitutes a review. And because it's a small company with no HR, I've not really been in a position to change things.
Am I still in the clear, do you think? There's certainly nothing in writing to say that either side is not happy with the arrangement which has now been in place 3.5 years!

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SpringLake · 13/03/2019 12:04

I work for a big company which has an HR. We only get a letter to confirm the new details (hours. salary). Never a new contract... even though the T&Cs for senior ve junior staff should be different. I'm still on junior T&Cs which would be a big bonus if I decide to quit (much shorter notice period!).
Also, they keep on talking about the importance of "reasonable"... as in, both parties can reasonably expect what's been happening for the past six months to be forever, unless given a reasonable notice of change (ie in respect of hours, salary, flexibility etc).

donkeyshrekmom · 13/03/2019 12:46

So, really, boss would be hard-pushed to legally reduce my hours and pay? Although, at the moment, nothing would surprise me. And, if it came to that point, I'd probably feel I had to leave anyway. In which case, maybe I could sue for unfair dismissal?

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flowery · 13/03/2019 13:08

If there has been no review at the 10 month point and it's been in place for 3.5 years, then those are your terms and conditions.

Have you actually got any reason to think your boss is considering trying to reduce your hours? If they've been consistent for 3.5 years it's an odd thing to suddenly worry about unless there have been noises about it?

cheeseypuff · 13/03/2019 13:16

If you have something in writing & also presumeably payslips which detail your new rate of pay then yes it would be very difficult for your boss to suddenly cut your pay.
As another poster has already mentioned, I work in HR & we don't routinely issue new contracts if there has been a wage change. It would generally be done by letter, or could technically be done by email.

donkeyshrekmom · 13/03/2019 18:14

Thank you very much for your replies.
To answer flowery: the company has grown a bit and changed a lot in the last couple of years. Restructuring at the moment and others have been promoted and I wasn't given any chance to have my position reviewed. A colleague, I sense, is after bits of my job (ie my responsibilities) and it's making me very uneasy. Probably just boss acting without thinking and colleagues being in the right place at the right time, but not a nice feeling. Also some issues of unprofessional treatment of former staff has come to light recently which doesn't show boss in a good light. I'd like to leave but other opportunities are thin on the ground.

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