Issue with job

GrumPy

Hi guys, just wondering if anyone has been in a similar situation.

I have worked a part time job with the same company since 2006. At first I worked one late night a week & weekends. In 2008, I asked if I could just work weekends due to college commitments. This was grand. Now, in 2011, they are asking (I say asking) me to do Friday late nights also. In between semesters with college so dunno what the story is with lectures on Fridays yet. But I'm pretty certain they will give me the boot if I can't do the Friday night.

Has anyone been in a similar situation & how did it pan out? I never signed a contract that specified what hours/ days I was expected to work.
I don't mind working the Friday, but if it's not possible I'm unsure if they can just fire me based on that. I need my part time job to pay for college expenses.

Ab roller plus

First thing is that employers generally are not supposed to amend the terms in your original contract terms unless you agree or unless there is a provision in the contract allowing them to change without your consent.

Obviously you dont have a written contract but you do have a verbal contact so the issue is what exactly are the terms of your contract. This will probably come down to how things have operated between you and your employer since 2006. Ultimately a matter of evidence for a court but you should have a general idea.

Oh I should say your employer can do what he/she want but the question is whether it is legal and what sorted or redress is available to you.

Its really important to note your rights under the Unfair Dismissal Act 1977. I think this states all terminations of employment are deemed unfair unless an employer can show that fair procedures were followed. So while you employer can fire you it would be deemed unfair (judging by what you say) and you would have a right to bring a case to the right commissoner and/or the Employment Appeal Tribunal. The forms are available on the EAT website and you just mark it saying "I was unfairly dismissed". The burden of proof shifts onto your employer to show fair procedure were followed. Load of limits to be aware of under the act aswell.

Massive tangent there but look it comes down how much you want your job. Try to talk to your employer and explain your situation. If they wont faciliate you then you could consider rolling over and doing as they ask. this way you keep you job.

If you refuse and they fire you then you should be covered by the Unfair Dismissal Act.

By the way your employer is obliged to provide you with minimum terms of employment under the an Act I dont feel like googling!!! 1994 I think!!!

Straight off the top of my head!!!

GrumPy

Thanks alot. Will do some more research myself.