Quick Question on Company Law
Discussion
toasty said:
There are no written contracts in place.
IANAL, but I would ask why not? There may be an implied contract since you've presumably been paying them a certain amount for a certain amount of work for a period of time. You could be risking a claim for constructive dismissal, but it depends so much on what the work is, how they're paid and what the implied contract looks like.You need professional advice IMHO.
You need advice before you do anything. IAAL but this is not my area of law. From memory you are required to have a contract if the employment is over 13 weeks and if you don't have a written one then it is implied by practice.
How long have they worked for you? Was the role advertised as maternity cover? I wonder how you'd manage if you tried to ditch them on the basis that the role is redundant?
How long have they worked for you? Was the role advertised as maternity cover? I wonder how you'd manage if you tried to ditch them on the basis that the role is redundant?
toasty said:
On behalf of a friend...
Much to my wife’s delight she intends to go back to work at our business but this will mean we will reduce our staff's working hours by 50%, is there any Law that we have to follow or is advising the staff with a 2 week notice enough?
You cannot as a rule of thumb (and law) unilaterally change the contract of employment (whether written or Verbal). You can deal with such a change, but there are is a process you will have to go through. Much to my wife’s delight she intends to go back to work at our business but this will mean we will reduce our staff's working hours by 50%, is there any Law that we have to follow or is advising the staff with a 2 week notice enough?
If you do just change the contacts, this could easily lead to a resignation and unfair (constructive) dismissal and/or breach of contract claim to say the least.
Be careful
Nick
Nick
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