two contracts with same employer - rights?

[overdraft]

About 7 years ago I started work with my employer (a college) on a part time (0.5) but permanent contract. Very soon additional work became available on the same course I was teaching on, which I was offered on an hourly paid basis. This had a separate contract but I still had one pay code and one pay slip. Since then this mix has continued and I have argued on many occasions that the hourly paid work be turned into an increase in my part time position but to no avail. Recently the matter has come to a head as the employer wishes to appoint another 0.5 to teach on the course, which will probably mean a loss of my additional hourly paid work. Does anybody know what my rights are under UK employment law?

Edited April 18, 2015 by overdraft

[Guest]

what do the terms say re the 'additional work' and its termination/hours/payment etc.

[overdraft]

The contract for the addition hourly paid work gives the exact number of hours,the rate of pay per hour and so on. There is a clause stating that the employer reserves the right to increase or decrease hours you are expected to work each year. There is nothing on ternination as such.

[Guest]

at first sight then, cant see how they wld be in breach if they comply with the terms re reducing yr hours and the terms are not contrary to employment law.

see what others say

[overdraft]

The ability to vary hours is not a general one (otherwise this would in effect be a zero hours contract?) but rather is specific to the possibility of rising or falling demand after the contract has been issued caused by more or less students turning up.

[Guest]

maybe. 'the employer reserves the right to increase or decrease hours you are expected to work each year'?

 

ps, in any event a zero hrs contract is not currently illegal

[ericsbrother]

can you apply for the new post?

[Pusillanimous]

The contract for the addition hourly paid work gives the exact number of hours,the rate of pay per hour and so on. There is a clause stating that the employer reserves the right to increase or decrease hours you are expected to work each year. There is nothing on ternination as such.

 

This is a common clause. However, it might render your contract unlawful as a contract cannot repudiate itself. On the one hand they are stipulating your hours, on the other they are saying it is variable.

 

 

Ask them for a variation of your contract in writing. They cannot vary your contract without your consent.

 

As you have been working all these addition hours, I would argue, this reflects your true contract hours as it has been going on for so long by mutual agreement, even if not in writing.

 

In other words, if they want to reduce your hours, they need to seek your consent (variation of contract). If you have been there for the qualifying period, you have employment rights. You could claim breach of contract and constructive dismissal if you do not agree the new terms.

 

I know nothing about the facts, so you would need to seek proper legal advice.

[Pusillanimous]

http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2015/04/21/how-to-change-terms-and-conditions-in-employees-contracts.aspx

 

Here's some recent case law directly relating to this issue.

[Guest]

http://www.cipd.co.uk/pm/peoplemanagement/b/weblog/archive/2015/04/21/how-to-change-terms-and-conditions-in-employees-contracts.aspx

 

Here's some recent case law directly relating to this issue.

 

cheers for that. interesting eg Hart

wld then the reservation clause be deemed clear enough to be unilateral. you say someone else has been appointed to poss teach the same which wld result in them wanting to reduce yr hrs, but that issue is not stipulated '..it does not tell the reader in what circumstances the variation may take effect...'.

plus there is no termination.

are you able to post up the full terms