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Alison Phillips
Member - 6 posts
An employee of 3 months, with no written contract, but set shifts (by custom and practice) of 4 evenings and two day shifts per week(but not hours) was told not to attend work with 3 hours notice. Is this acceptable? I have employed another chef who needed training - this is why the other employee's hours were cut that week.
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Alan Masson
Member - 5 posts
The employee will be able to demonstrate what his or her hours were and can ask the tribunal to determine the terms and conditions of his or her contract, as you have failed to issue a written contract within the period set by law - 2 months from the start of employment. An application can also be made to a tribunal in respect of an unlawful deduction from wages. That is to say that the employee was entitled to work the hours, was not allowed to and was not paid, therefore there has been an unlawful reduction in his or her pay. The amount being presumably small, this may not occur but asserting his or her right to receive the payment can confer on the employee, rights and protections which he or she would not otherwise have.
Hours of work cannot simply be changed unless there is express provision for this to be done in the contract. That can really only be evidenced by a suitable written contract. Not issuing a written contract does not assist you as an employer and will shortly serve to penalise you, as a tribunal will be able to increase an award of compensation for unfair dismissal by up to 50% in the absence of a contract
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