Part-timer hours cut in order to give work to new full-timer
Discussion
Hi folks,
Looking for a little advice here.
My wife works for a music teaching agency on a part time basis for a certain number of hours per week (contracted).
They have advertised for and taken on a new full time staff member - however, they don't have enough work to offer them, so have now informed my wife that they are halving her hours. Clearly it is cheaper for them to employ somebody full time than to pay an hourly rate to a part-timer.
Her contract states that any hours taken away should be made up (although that's often not a fair exchange as they will probably be at worse schools further away in much smaller blocks involving a lot of travel time meaning that she couldn't fit it in to the time vacated by the other teaching that is being taken away).
However, at a recent training day they implied that they might "have to take some teaching away from part timers" in order to give it to new full timers.
One other member of staff is already approaching the Musicians' Union about this and we are trying to find out how far she has got with it.
The Agency has a history of doing this - my wife lost 7 hours of teaching at another school over a bloody minded "exclusivity" clause which they were taken to court over and lost. By that time, of course, it was too late to get the teaching back as the school in question had unsurprisingly found a teacher elsewhere.
Our suspicion is that they intend to say "sorry, that's just the way things are". Given that my wife is contracted and has worked there for 9 years or so, is this allowable? My feeling is that they are trying it on as they have done before.
Thoughts?
Looking for a little advice here.
My wife works for a music teaching agency on a part time basis for a certain number of hours per week (contracted).
They have advertised for and taken on a new full time staff member - however, they don't have enough work to offer them, so have now informed my wife that they are halving her hours. Clearly it is cheaper for them to employ somebody full time than to pay an hourly rate to a part-timer.
Her contract states that any hours taken away should be made up (although that's often not a fair exchange as they will probably be at worse schools further away in much smaller blocks involving a lot of travel time meaning that she couldn't fit it in to the time vacated by the other teaching that is being taken away).
However, at a recent training day they implied that they might "have to take some teaching away from part timers" in order to give it to new full timers.
One other member of staff is already approaching the Musicians' Union about this and we are trying to find out how far she has got with it.
The Agency has a history of doing this - my wife lost 7 hours of teaching at another school over a bloody minded "exclusivity" clause which they were taken to court over and lost. By that time, of course, it was too late to get the teaching back as the school in question had unsurprisingly found a teacher elsewhere.
Our suspicion is that they intend to say "sorry, that's just the way things are". Given that my wife is contracted and has worked there for 9 years or so, is this allowable? My feeling is that they are trying it on as they have done before.
Thoughts?
Is she hired as a part time "employee" ir does the contract treat her as "Self Employed"?
Does she pay tax and NI on an Employed or Self Employed basis?
Normally, self-employed individuals will have less "employment" rights compared to a bona-fide "employee". However, I am pretty sure that new employment legislation gives much better rights to part time employees compared to previously. That is why establishing her status would be important.
Having said that, an Employment Tribunal wiil look at all cases - even when the person was ostensibly Self Employed. There have been cases where someone who was Self Employed has actually won an Employment Tribunal case against an "Employer" for unfair treatment.
Does she pay tax and NI on an Employed or Self Employed basis?
Normally, self-employed individuals will have less "employment" rights compared to a bona-fide "employee". However, I am pretty sure that new employment legislation gives much better rights to part time employees compared to previously. That is why establishing her status would be important.
Having said that, an Employment Tribunal wiil look at all cases - even when the person was ostensibly Self Employed. There have been cases where someone who was Self Employed has actually won an Employment Tribunal case against an "Employer" for unfair treatment.
You describe her employer as 'the agency' though. You really need to find her contract to be absolutely sure of her situation. Under normal circumstances an employee's hours cannot be changed 'willy nilly', but you would have to check that she is not on a 'zero hour' contract or a contract which doesn't guarantee her a set number of hours.
There have been many changes to the way employment agencies operate over the last 9 years though, too. So it may also be the case that clauses in her original contract are unenforceable.
Find the contract; find an employment lawyer. Maybe start at the CAB?
There have been many changes to the way employment agencies operate over the last 9 years though, too. So it may also be the case that clauses in her original contract are unenforceable.
Find the contract; find an employment lawyer. Maybe start at the CAB?
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