Another employment law query
Discussion
I was wondering if any of the legal types on here, could help with some confusion over employment contracts.
Firstly, a little background. The company I work for has been underpaying me and some (but not all) of my collegues for the last 3 years. Our contract states an average of 39 hours per week, but when we work it out, we have been working an average of 40 hours per week.
This has only come to light, as one of our team has left, and our previous 6 week shift rota, has now gone down to 5 week shift rote, thus increasing our average hours further to just short of 42 hours per week.
Additionally, we have heard rumours that the management want to alter our shifts to cover 24 hours 7 days per week, rather than the current 22.5 hours 7 days per week. This again would lead to an increase in our weekly average hours.
My questions are these:
(1) How long do you have to work a particular informal agreement, before it becomes standard working practace?
(2) Can they increase our working hours in the way they have without changing our contracted hours?
(3) If they ask us to sign a new contract with revised hours, can you refuse to sign it, and continue working to your old contract?
(4) If you refuse to accept a new contract, and they give you notice, then would this be seen as being unfair dismissal?
(5) Is there any other employment law which we should be aware of?
Thanks in advance.
Firstly, a little background. The company I work for has been underpaying me and some (but not all) of my collegues for the last 3 years. Our contract states an average of 39 hours per week, but when we work it out, we have been working an average of 40 hours per week.
This has only come to light, as one of our team has left, and our previous 6 week shift rota, has now gone down to 5 week shift rote, thus increasing our average hours further to just short of 42 hours per week.
Additionally, we have heard rumours that the management want to alter our shifts to cover 24 hours 7 days per week, rather than the current 22.5 hours 7 days per week. This again would lead to an increase in our weekly average hours.
My questions are these:
(1) How long do you have to work a particular informal agreement, before it becomes standard working practace?
(2) Can they increase our working hours in the way they have without changing our contracted hours?
(3) If they ask us to sign a new contract with revised hours, can you refuse to sign it, and continue working to your old contract?
(4) If you refuse to accept a new contract, and they give you notice, then would this be seen as being unfair dismissal?
(5) Is there any other employment law which we should be aware of?
Thanks in advance.
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