Can an employer treat employees differently?
Under federal law (which is enforced by the Equal Employment Opportunity Commission, or EEOC), an employer can’t treat employees differently due to their race, national origin, color, sex, age 40 or over, disability, or religion. Only differential treatment based on the protected category is barred by law.
What do I do if my employer cuts my hours?
Unless you have an employment contract or bargaining agreement to protect you, your employer can reduce your work schedule at any time. Try negotiating you contract to freelance on the side, find a new job or ask for better benefits to make up for the lost hours.
Can you refuse a pay cut?
This is legal and may make the most sense for you if your employer tries to cut your pay. A boss can’t require you to work at a rate of pay you didn’t agree to, but you also can’t force him or her to pay you a rate they don’t agree to pay. Once work is complete, an employer must pay you the last agreed-upon rate.
Can my employer take hours away from me?
Can your employer reduce your hours, or lay you off? The short answer is only if your contract of employment allows it. Your employer can only lay you off or require you to go on reduced hours if your contract of employment allows it. If not, your employer will have to negotiate a change to your contract.
Can my employer change my job role without my consent?
Yes, in some cases. Generally, unless an employment contract or a collective bargaining agreement states otherwise, an employer may change an employee’s job duties, schedule or work location without the employee’s consent.
How much notice does an employer have to give to change contract?
Where changes are made to your contract, employers must give you written notification of the change within four weeks. An unauthorised, one-sided variation is likely to be a breach of the contract of employment, and the fact that the employer has given you notice of the change will not make it lawful.
Can I refuse to change my contract?
If you want to make a change to your contract, speak to your employer and explain why. You can’t insist on making changes unless they’re covered by a legal right, for example, opting out of Sunday working or the 48-hour week. You might be able to apply to change your hours under flexible working rights.
What should you do in case of unfair dismissal?
If you feel you have been unfairly dismissed by your employer, you should try appealing under your employer’s dismissal or disciplinary procedures. If this does not work, then you may be able to make an appeal to an Industrial Tribunal.
Can employees be dismissed for refusing to accept new terms and conditions of employment?
If they refuse to sign up to the new contractual terms they will be dismissed for Some Other Substantial Reason (SOSR). You must be able to rely on a sound business reason for this dismissal — that the needs of your business outweigh any disadvantage to the two employees.
Do I have employment rights without a contract?
There is no legal requirement for an employee to have a written contract of employment, although having something in writing can make it easier to understand what your contractual obligations and rights are.
What are my rights if I have no contract at work?
Your rights when you do not have a contract of employment That you are given one additional week’s notice of termination of employment for every week, you have worked for an employer after two years, up to a maximum of twelve weeks.
What happens if my employer doesn’t give me a contract?
Terms may be agreed orally, and not committed to writing but, they will still be legally binding on the parties. If you’ve never been given a written copy of your contract of employment, don’t worry – you will still have a contract, but its terms will be implied and/or agreed orally.
What happens if I have not signed a contract of employment?
An employer cannot use the fact that an employee has not signed the contract as a way to deny employees their statutory rights, for example to not allow them to take their annual leave. Equally, it does not give you an excuse to make changes to an employee’s contract, such as reducing their hours or pay.
Can I get fired for not signing a contract?
Courts have consistently held that the employer can terminate you or even refuse to hire you if you refuse to sign the at-will agreement, however. However, good employers know that doing so would be wasteful, and that firing people abruptly and without good cause serves no purpose.
Is an unsigned employment contract enforceable?
The employer should be able to rely on the contract, even if it remained unsigned. Having said that, the safest position is always to have a signed contract on file for each and every employee.
How long can a company keep you on a temporary contract?
What rights do temporary employees have?
You’re entitled to a rest of at least 11 hours per 24 hours, a day off after a week’s work, and the right to work a maximum of 48 hours in one week. You’re also entitled to maternity, paternity, adoption and parental leave after a certain amount of time with the company, as well as time off for illness.
Do temporary jobs become permanent?
When Does a Temporary Job Become Permanent? Most temp-to-perm positions specify a certain time frame; three-month or six-month periods are both fairly common. Once that time is up, the company may decide to hire you permanently or end the engagement altogether.
How long can a company keep you on agency?
After 12 weeks in the same job, agency workers are entitled to equal treatment as if they had been recruited directly by the hirer. This includes key elements of pay, but also other entitlements such as annual leave.
Does a company have to make you permanent?
As an agency worker, even if you’re on a long-term placement with a company, there’s no obligation on that company to offer you a job directly employed by them. The aim is to give you the same access to new permanent vacancies as your directly employed co-workers.
Can agency workers become permanent?
The Agency Workers Regulations 2010 govern the terms and conditions of agency workers. Most importantly temporary agency workers have the right to the same basic employment and working conditions, such as pay and holidays, as permanent staff once they have worked for 12 weeks in the same role for the same hirer.
Can I claim sick pay if I work for an agency?
If you’re an agency or casual worker and you’re working on an assignment when you get ill, you might be entitled to SSP until that assignment ends. If you’re not working when you get ill, you won’t be entitled to SSP. If you’re on a zero hours contract, you can still get sick pay – you should ask your employer for it.
How long can you stay on the sick before dismissal?
Can I be sacked for being off sick with a doctors note?
Illness. If you are persistently off sick, or on long-term sick, your employer should normally look at any alternatives before deciding to dismiss you. For example, they might have to consider whether the job itself is making you sick and needs to be changed. You can still be dismissed if you are off sick.
How much sick pay do you get on universal credit?
If you are off sick from work while claiming Universal Credit, your employer must pay £95.85 a week Statutory Sick Pay (SSP) for up to 28 weeks. The amount of sick pay cannot be less than this but it could be more if your company has a sick pay scheme – check your employment contract or ask your HR department.