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Verbal Offer Of Employment ~ How Legally Binidng Is It?


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HI

 

I may be in a muddle,

 

about a month ago i interviewed for staff, we enployed one full time unqualified member, and we also interviewed our long term student ~ she gave a fab interview and we verbally agreed to offer her thirty hours a week.

 

since that verbal offer we have two issues. firstly children have left/ dropped out of taking up places so if we employ our long term student (as we had agreed) we would be drastically overstaffed.

second issue is this persons work is causing some concerns some of the time, sometimes she is demotivated and sits around, but equally when asked to do something she will do it without moaning.

 

so, since i offered her thirty hours verbally (nothing has been put in writing) do i have to give her thirty hours, at a push we can have her one day a week but that is only 8 hours.

 

so where do i stand....

i know obvioulsy she would be pretty miffed off at me if i do drop her hours, but if i don't my head is on the block and nursery will be paying out a wage we don't need.....

 

i wonder could i just sack myself LOL......

 

any advice would be great :o

 

Dawn

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Hi dawn, Im nto an employment expert but Im sure there are ther members who are. I always understood that a verbal agreement was binding, the argument there being one of proof (you know he said; i dint say; she told me etcetc). However there is probabaly a way round this too, after all the number issue is out of your control (lesson to learn, next time, say IF the numbers remain, then I can...).

Having said that I have been on the receiving end of such an offer only to have it withdrawn before I started and ther really isnt an awful lot I could have done about it as the contract had not actually started.

 

You you talk it through with her, explaining the situation?

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Hi Dawn,

This link should be of use to you. The Department of trade and Industry definition of what a contract of employment is.

 

here

 

I always employ new staff on a terms trial, with a clear induction and supervision process that monitors quality of work.

 

My contracts state that the working hours are between 16-35 per week ( leaving me the option to reduce or increase hours on a weekly basis). My contract also states that staffing levels are revued on a termly basis and redundancies may occur in the Autumn term due to school intakes.

 

Redundancy is payable after 2 years of employment.

Hope this helps.

 

Peggy

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hi Dawn, you have said that her work and attitude is not good can you not tackle that side first, as if you reprimand her on her work she might not stay any way. often people with attitude will run at the first sign of being criticised. also you could say that as she doesn't seem committed to her work that you don't feel able to give her the full hours. Has she being working long? Maybe do a contract up for her now that states she is on probation for a term and then put as Peggy said a range of hours. Good luck

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Its really difficult because she has been a student with us for a year now, and flits between being very motivated, to not being so motivated....

i think i am about to become the most hated person going and only offer her one day a week, with a few to if her work improves and/or numbers increase then possibly more hours..... i just hope i can do this without breaking some law or another.

Ps peggy, thanks for the link

 

Dawn

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