Does anyone know anything about employment law?

Z

zarbtron

New Member
Just got this email from one of our directors:

Dear all

Just to update you that we have found an error in some of your employment contracts which states that lunch is paid (it is actually unpaid). This has absolutely no practical effect on working hours which are also stated in the employment contract (i.e. working hours 08.30 – 17.30 – working week 41.25 hours).

Thanks



1) Can they do this or should they be getting us to re-sign our contracts?
2) Are they liable for paying us back paid lunch hours from when we signed our contract? (i.e. 1 year of 45min lunch hours works out at quite a bit of cash...

Anyone know?
 
I'm not an expert in employment law, but I remember something similar happening to a friend where their employer suddenly decided to change the contract. If you've been paid for the past year for a certain number of hours per week and you've accepted payment without dispute, then your employer can argue that you have been working on an understanding and acceptance of their provisions whether you've signed a contract or not.

I could very well be wrong, but I think that's what happened when it went to tribunal with my mate...
 
Dexx said:
I'm not an expert in employment law, but I remember something similar happening to a friend where their employer suddenly decided to change the contract. If you've been paid for the past year for a certain number of hours per week and you've accepted payment without dispute, then your employer can argue that you have been working on an understanding and acceptance of their provisions whether you've signed a contract or not.

I could very well be wrong, but I think that's what happened when it went to tribunal with my mate...
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yeah we were thinking that might be what they'd say - it's problematic because the contract states the number of working hours as not including lunch, but then also says that we're paid lunch, so it's just a bit of a cock up.

Also apparently it says we're not paid sick pay, when we are. Dunno who'll sort that out :? :lol:

Bloody useless HR lady we had - she's been sacked now :roll: :lol:
 
Your employer legally has to pay you up to 7 consecutive days sick pay. After that, it's not obligatory, I don't think.

I've just been through a whole line manager training course with my job and the V&A have a completely different sick pay scheme (which is very generous!) to what the government outlines and I'm trying to remember which one offers what without getting them confused!! DOH!
 
Dexx said:
Your employer legally has to pay you up to 7 consecutive days sick pay. After that, it's not obligatory, I don't think.
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I'm not sure that's true - don't tesco or someone not pay the first 3 days sick pay, but will pay after that (with a doctors note), because that stops people taking sickies :?: - can't you sign a contract saying you accept that or something, a bit like we've signed one saying we don't get paid for sick pay?

(to be honest, this serves everyone right for not reading their contracts properly :lol: )
 
Dexx said:
Your employer legally has to pay you up to 7 consecutive days sick pay. After that, it's not obligatory, I don't think.

I've just been through a whole line manager training course with my job and the V&A have a completely different sick pay scheme (which is very generous!) to what the government outlines and I'm trying to remember which one offers what without getting them confused!! DOH!
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i process our payroll here

if you are off sick - you don't get paid for the first 3 days 8O
after that its buttons per day

hence why i have had about 3 days off sick in 12 years employment
 
macdonsj said:
i process our payroll here

if you are off sick - you don't get paid for the first 3 days 8O
after that its buttons per day

hence why i have had about 3 days off sick in 12 years employment
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SSP kicks in after 3 days but as Scott says it's bugger all. Most contracts allow sick pay above SSP at the employer's discretion.
 
Ooops! I stand corrected! :oops:

Every employer I've had since moving to the UK have paid sick days with a self certification thingy. Some of these companies are pretty rotten to not pay people if they're genuinely ill...
 
Dexx said:
Ooops! I stand corrected! :oops:

Every employer I've had since moving to the UK have paid sick days with a self certification thingy. Some of these companies are pretty rotten to not pay people if they're genuinely ill...
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i suppose its to prevent people taking the piss

in my work - the more reliable staff get paid normally if off for a day sick
 
macdonsj said:
i suppose its to prevent people taking the piss

in my work - the more reliable staff get paid normally if off for a day sick
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Indeed. I used to pay people full pay when they were off genuinely sick, unless they were twats who took the piss.
 
Buckley said:
Indeed. I used to pay people full pay when they were off genuinely sick, unless they were twats who took the piss.
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yeah - i got paid in full when i got the mumps a few years back - only took 3 full days off tho
 
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