Contract of employment advice

[stevie m]

HI.
My Wife works P/T in a local cinema and has worked there for nearly 20yrs, but her employer has just woken up to contracts. In the document everything seems standard except that he expects her to give 3mnths notice (which for a P/T worker seems excessive), Also There is no mention or provision for Dinner breaks or ANY breaks whatsoever, I thought for every 5hrs at least a 10min break was the law. Finally It states that any sick time will be deducted from holiday entilement is this allowed?
Can anyone tell me if this is correct please or can be disputed and is there anything we should look out for?

[factor-fiction]

I think the only break entitlement is 20 minutes if you work six consecutive hours.

This site is useful.
http://www.direct.gov...ndTimeOff/DG_10029451

[Chaffinch]

An employer can't unilaterally change her contact (she has had a verbal contract for 20 years) without negotiation. She therfore does not have to sign this contract without discussing it with her employer. She should take someone with her when she does this. If she is not a TU member, then she should still contact a union for advice.

[bednobs]

the contract dosen't normally mention breaks just working hours. If there are over six consecutive hours worked she is entitled to a break by law, so it dosen't need to be mentioned in the contract really. I'm not sure sick can be taken from holiday - everyone is entitled to ssp aren't they, even if the employer has no scheme -what has happened previously if she's been sick? 3 months notice does seem long but on the plus side, he also has to give her 3 months' notice

[Buenchico]

As you state, a three month notice requirement is unusual for part time workers (or for workers in general who are employed in relatively low-skilled occupations). In practice many companies would not seek to enforce such a period as long as they'd found someone to take over the role. (However 3 months is far less than the notice period required for people in senior positions. Many workers in the finance sector have to give 1 years notice. Some consultant surgeons have to give two years).

As Factor30 indicates, there is (for adult workers) no right to any break whatsoever unless a shift exceeds 6 hours. (If a shift is exactly 6 hours long there's still no statutory break entitlement). Then there's the right to a single 20 minute (unpaid) break, irrespective of the total length of the shift. (e.g. if you work a 24 hour shift the entitlement is still to a single 20 minute break, not to several of them).

However periods of sickness may not be deducted from holiday entitlement. Even if someone becomes sick while they're already on holiday, they must then be given additional holiday entitlement to compensate for their lost holiday.
http://www.direct.gov...dholidays/DG_10034711

Chris

[boxtops]

Agree with Chris re the sick pay - a colleague of mine was off ill over Christmas when she was due to have been on annual leave, she had a doctor's note to cover the illness period, so she still has to take back her annual leave at a later date.

[stevie m]

Really appreciate the input guys it certainly is valued thanks, any more info gratefully received

[Jet]

Hi there

I can help with the fact that legally you have to work a minimum of 6hrs to be entitled to a 20 min lunch break and this should not be at the start or end of a shift. Legally employers are not obliged to give you a break for working less than this amount of time. Your thoughts around 10 mins for 5hrs are unfortunately incorrect.

Personally I believe that 3 months notice for part time work is very excessive, but why does your wife not ask her boss the reasons for the 3 month notice period? Could it be that although part time she does something specialised or would training a replacement take a good couple of months perhaps? The employer would be best placed to ask and then potentially negotiate a lesser time period for notice - if she's been there 20yrs then surely she should be able to have a one on one chat with the employer.

I'm not sure about the sick time being deducted from holiday, it doesn't sound morally right but if it means she gets paid for it rather than not, perhaps that's the angle the employer is going for? Again, if she's been there for such a long time, then I'm sure she can ask about this.

Good Luck
Jet