Employment Law? Help!

[planetgong]

Don't know if this is the place to post it, or if anyone can help, but you never know!!!

I currently work for my local council doing 37 hours a week. They may be offering me a part time promotion, where I will have two contracts, each for 18 1/2 hours.

Does anyone know how this will affect things like pension payments, leave entitlement and general employment rights? Having two part time jobs doesn't seems as secure as having one full time job!!

Would really appreciate any help that could be given.

Ben.

[Rave]

I'm certainly NAL, but seeing as no-one else has yet replied, I might as well have a go. If you're working as a contractor, and they're offering you two new contracts instead of one, I can't really see how it makes any difference.

If you're an actual employee, then check to see that your period of continuous service isn't going to be affected- that obviously affects stuff like sickness absence pay, pension rights, maternity/paternity leave rights etc. It seems a bit of an odd arrangement, but if you'll be working for two different departments it may simply be that they need to do it as an accounting exercise to charge the departments correctly for your wages (if you see what I mean).

[planetgong]

I am an employee rather than a contractor. It is odd, both jobs are in the same department, so it isn't to do with accounting. The Council's HR department leaves a lot to be desired, so I am worried about the consequences of taking these two posts on.

Thanks for the reply.

[Rave]

Well, if you make sure that your employment will be counted as continuous from the day you joined, I reckon you'll be alright. You could just ask them why they're doing it this way?

[planetgong]

Well, if you make sure that your employment will be counted as continuous from the day you joined, I reckon you'll be alright. You could just ask them why they're doing it this way?

Because they're cretins Seriously they are one of the worst HR departments I have ever come accross. Incompetent is to weak a word!!

My other worries are things like annual leave. At the moment I get 28 full days. But part time employees get thier leave calculated in hours and have to take bank holidays as part of their entitlement. As these posts will be two part time posts, will I have to do the same as well I wonder?

[chicken]

Should you not be entitled to two days off for every bank holiday for working two jobs?

Anyway, I think this sounds dodgy. It sounds like someone is trying to save a few quid or patch up some figures somewhere (like maybe saying they've employed more by creating 2 jobs from one). I can't imagine in any way that this maneuver is going to benefit you. You should definitely challenge this with someone high up, preferrably higher than the person who's decision it was.

Also, what are the tax implications of this? Won't you get emergency taxed on one of the two roles?

[TamDigital]

Get some legal advice on this. If you can't afford a solicitor or do not qualify for a Legal Services Certificate (try the calculator at http://www.legalservices.gov.uk/civi...calculator.asp) then go to the Citizens' Advice Bureaux. I don;t think they can legally change your employment contract like this since it could alter your employee's rights. And if you agree to do so, it could be your own fault (if you see what I mean?)

[planetgong]

Get some legal advice on this. If you can't afford a solicitor or do not qualify for a Legal Services Certificate (try the calculator at http://www.legalservices.gov.uk/civi...calculator.asp) then go to the Citizens' Advice Bureaux. I don;t think they can legally change your employment contract like this since it could alter your employee's rights. And if you agree to do so, it could be your own fault (if you see what I mean?)

Just to clarify - they aren't forcing it upon me. One of the 18.5 hour jobs will be paid more than I am currently receiving, so I will be getting a pay rise for that half of the week(if that makes sense!). But it is up to me if I take it or not. If it affects my holiday entitlement and other such things though, then it probably won't actually be beneficial to take it.

[JPreston]

It's unlikely that a council would try to pull a fast one, and a part-time job is not less secure per se. Maybe one of the jobs is at a higher grade, what is it you call them, spinal points or whatever? But not enough workload to justify an FTE.

Check that the council's contributions to your pension are not affected, and if they aren't I reckon go for it. Not least because with two bosses, you will have more opportunities to skive by exaggerating the workload the other is giving you.

[planetgong]

It's unlikely that a council would try to pull a fast one, and a part-time job is not less secure per se. Maybe one of the jobs is at a higher grade, what is it you call them, spinal points or whatever? But not enough workload to justify an FTE.

Check that the council's contributions to your pension are not affected, and if they aren't I reckon go for it. Not least because with two bosses, you will have more opportunities to skive by exaggerating the workload the other is giving you.

Unfortunately it is still the same boss

[JPreston]

In that case it could be that the council are after flexibility. If your employment contract is prescriptive as to your duties then if (say) in six months they wanted to arbitrarily move you off one of the areas then they can end one contract and (hopefully!) expand the other back up to 37 hours a week. But they could not unilaterally change your current contract without your agreement at each stage.

[planetgong]

Ok guys thanks for the replies

[listy]

you might also find that you oculd get taxed more on 2nd job wages

[JPreston]

you might also find that you oculd get taxed more on 2nd job wages

Nope, this shouldn't happen. Unless payroll make a blinding error like putting him on emergency tax for the new contract because he has no P45, but they really should not do this (and the overpayment will be reclamable)

[listy]

but dont matter if they do he will have 2 jobs and the tax office are really funny about working 2 jobs something like a 1/4 of his wages

[planetgong]

but dont matter if they do he will have 2 jobs and the tax office are really funny about working 2 jobs something like a 1/4 of his wages

Surely you just get taxed on your total gross wage? Your tax allowances don't change just because you have more than one job?