Query with staff 'rights'

[Hayles]

Hi

We now have three part time staff taken on during the last 3-4 months. Originally one of the staff could only work certain hours (due to her other job which has now finished) so we had to take on the third member of staff to help out.

The first member of staff is now causing a fuss as she's avaialble and wants more hours but we now divide the hours between three so there's not too many available.

The job was always on an 'as and when' basis, part time.

If she decides to leave because of the hours we can offer her, has she a case for anything against us?? She's hinting that we should legally give her more hours as she was here first (albeit not able to work many hours).

Surely, even in todays world of employees right far outweighing the good for small companies, there's no case to answer....?

Hayles

[Scott-SCD]

I'm no expert but I would of thought there is no legal problems. Unless it is conflicting with the minimum wage law. There's so many variables to consider a Lawyer on here will probably be able to help you.

[Antonia @limeone.com]

What does her contract say on the number of hours? Either a written contract or her letter of offer should provide clarity on this aspect. It sounds to me like she needs more hours and expects you to provide them. It is highly unlikely you need to unless there is something in her contract to this effect.

[Hayles]

Thanks Antonia.

She hasn't had either as yet as she's only been 'as and when' (she had her own pub which she was still running until it sold). Our second lady has hers and the third lady will be getting hers this week. Hope we've not broken any laws by not writing a 'offer' letter but as I say, it was very casual due to her other commitments.

Thanks again,

Hayles

[Antonia @limeone.com]

Ok, it complicates matters a little as it becomes her word against yours. What hours has she been doing for you and for how long?

[bwglaw]

The contractual relationship needs further investigation as well as looking at at documents when concerning a 'casual' employee.

The employees are supposed to have their statement of terms and conditions within 2 months.

[Leon]

I studies a law degree, though I'm sure I slept through most of my employment law lectures. Law changes very quickly, so what I studied ten years ago, is most likely changed.

I would look into any wording of any contractual documents drawn up. If there aren't any documents then the time that employee has been with you can be taken into account. it used to be that a part time employee who had been with a company over two years had the same rights as a fulltime employee.

If however, this is a serious issue for you, then I would advise getting up to date advice from a solicitor. They should still have a scheme where they offer half an hours free of discounted advice.

[YEM]

Look here for information, and it also points you in the direction of further hep & advice. As has been said previously however, without a contract it is your word against hers, and as HandsOnGroup points out, employees are supposed to be issued with the correct documentation within a certain period of time, including casual/part time workers.

http://www.businesslink.gov.uk/bdotg/action/layer?r.s=m&topicId=1073858787

[Antonia @limeone.com]

Lots of advice on what to do and how to do it but the practical test for contractual matters is , of course, the pattern of hours worked in the case of 'contract hours' disputes.

,This is a case where there are no contractual documents it seems and I suspect a similar situation to many small businesses who take on staff. All the legal paperwork really helps when there is a dispute but there are options open to you also where things have not been done by the book :)

I think it is easier as well as complying with the law to issue written contracts in the first few weeks of working for employers. Contracts iron out problems like this early on.

[Hayles]

Thank you for all the advice. Her hours have averaged 14 per week (some weeks none at all, some 25 hours).

I'm sending her a letter of offer today thanking her for the last 3 months trial period and explaining what hours we can now offer her.

Thank you again

Hayles