Advice - change of contract...part time /full time -HELP
Discussion
Background
O/h has been working for company Xyz for 3 years. Her continuous employment contract is for part time and for the first 2 years did 3 days a week. For the last 6 months she has been working 4 days a week and has been paid accordingly but they didnt ammend her contract
Recently she has requested to work full time and while the company is happy for her to do so they have said they will only do it in the following manner
Either
A) her contract remains the same so officially on paper she is contracted for 3 days but they will happy let her work 5
Or
B) They will give her a 1 year fixed contract that will reflect full 5 days but then would not be obligated to renew.
What would the reasons they would offer it in this manner? If she did go for option B) - would it effect her maternity rights?
Are we missing something or is what they are offering her legit?
O/h has been working for company Xyz for 3 years. Her continuous employment contract is for part time and for the first 2 years did 3 days a week. For the last 6 months she has been working 4 days a week and has been paid accordingly but they didnt ammend her contract
Recently she has requested to work full time and while the company is happy for her to do so they have said they will only do it in the following manner
Either
A) her contract remains the same so officially on paper she is contracted for 3 days but they will happy let her work 5
Or
B) They will give her a 1 year fixed contract that will reflect full 5 days but then would not be obligated to renew.
What would the reasons they would offer it in this manner? If she did go for option B) - would it effect her maternity rights?
Are we missing something or is what they are offering her legit?
Edited by fizz47 on Wednesday 12th June 21:00
You mention maternity rights. Why mention this specific issue?
It sounds to me that the company would like both the cake and to eat it. On either option, they are keeping the options open far more in favour of them than for your OH and perhaps they recognise that she might at some stage over the next year or so become pregnant.
Either is ligit. Morally, perhaps questionable.
I believe her rights will be based upon her contract.
It sounds to me that the company would like both the cake and to eat it. On either option, they are keeping the options open far more in favour of them than for your OH and perhaps they recognise that she might at some stage over the next year or so become pregnant.
Either is ligit. Morally, perhaps questionable.
I believe her rights will be based upon her contract.
OK then.
On option A, she would be contracted to a three day week. The extra two days would be seen as effectively 'overtime' and not counted towards any future benefits or rights your OH might otherwise be entitled to. The advantage to the company is that they get a full time employee but their liabilities are reduced in the event of maternity or any other similar scenario.
There is such a thing as 'grandfather rights' where you are entitled to certain benefits depending upon the length of time one has been working 'unofficially' as it were. I'm not aware of the ins and outs of this - others may be better placed to offer more advice on this.
Option B is simply the company being non-committal. Again, such a contract will limit their liabilities and obligations. Again, others here may have better insight on this.
Either way, I'd suggest that there is a subtext here that you or your OH is not aware of with the company. If they are willing to allow her to work 5 days, why the limitations or conditions? Doesn't sound right to me.
On option A, she would be contracted to a three day week. The extra two days would be seen as effectively 'overtime' and not counted towards any future benefits or rights your OH might otherwise be entitled to. The advantage to the company is that they get a full time employee but their liabilities are reduced in the event of maternity or any other similar scenario.
There is such a thing as 'grandfather rights' where you are entitled to certain benefits depending upon the length of time one has been working 'unofficially' as it were. I'm not aware of the ins and outs of this - others may be better placed to offer more advice on this.
Option B is simply the company being non-committal. Again, such a contract will limit their liabilities and obligations. Again, others here may have better insight on this.
Either way, I'd suggest that there is a subtext here that you or your OH is not aware of with the company. If they are willing to allow her to work 5 days, why the limitations or conditions? Doesn't sound right to me.
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