Got something to say or just want fewer pesky ads? Join us... 😊

employer changing working hours



mooey

New member
Mar 30, 2012
484
My employer is trying to change my working hours just wondered if anyone new about what legal rights I have
 

dingodan

New member
Feb 16, 2011
10,080
I'm not an expert but I think you should refer to your contract with your employer. If it's a standard employment contract it will probably require you to work the hours you are asked to. It will be quite explicit about this anyway, that is the place to look.
 

vegster

Sanity Clause
May 5, 2008
27,853
I believe that a contract of employment can be varied by the employer at any time if the employer gives the correct notice period. 25 odd years ago at my old factory, the management wanted to change the wording of our contracts in order to " Update " them. Some of the staff noticed various clauses and sub clauses that they felt were unfair so they refused to sign the new contracts. After a month or so the employer came back and told us that if we hadn't signed them and returned them within one month, the company would " assume " we had signed them.

And that was in the days of a union, I dread to think what it is like now.
 


drew

Drew
Oct 3, 2006
22,981
Burgess Hill
I believe that a contract of employment can be varied by the employer at any time if the employer gives the correct notice period. 25 odd years ago at my old factory, the management wanted to change the wording of our contracts in order to " Update " them. Some of the staff noticed various clauses and sub clauses that they felt were unfair so they refused to sign the new contracts. After a month or so the employer came back and told us that if we hadn't signed them and returned them within one month, the company would " assume " we had signed them.

And that was in the days of a union, I dread to think what it is like now.

Don't think that is quite correct but it is the sort of thing you would expect the employer to say. I think you will find that if an employer varies your contract against your agreement then you can leave and claim constructive dismissal. That of course leaves you without a job.

Advice would be to speak to a union rep, if you have one, speak to a legal helpline you might find attached to your motor or household insurance or, failing all that, get an appointment at your local CAB. If you don't accept the changes then be prepared for your employer to make things awkward.

http://www.workingfamilies.org.uk/articles/the-law-when-an-employer-asks-you-to-change-your-hours/
 


happypig

Staring at the rude boys
May 23, 2009
7,928
Eastbourne
Don't think that is quite correct but it is the sort of thing you would expect the employer to say. I think you will find that if an employer varies your contract against your agreement then you can leave and claim constructive dismissal.

Proving constructive dismissal would depend on whether the changed hours could be considered unreasonable; For example changing start/finish times such that public transport becomes unviable or has a significant effect on family life.
 


Herr Tubthumper

Well-known member
NSC Licker Extraordinaire
Jul 11, 2003
59,071
The Fatherland

OzMike

Well-known member
Oct 2, 2006
12,875
Perth Australia
Maybe he is changing your hours to keep you in a job.
Have a chat, face to face and see what it is all about.
 


Tarpon

Well-known member
Sep 12, 2013
3,785
BN1
My employer is trying to change my working hours just wondered if anyone new about what legal rights I have

Is the employer seeking to change the number of hours you work per week or when you you work your hours or both?

The degree of change proposed and impact on you (and if you have any special circumstances e.g. Caring responsibilities that would be compromised) will determine if you have any reasonable prospect to claim constructive dismissal or redundancy etc.

If the changes are minor and reasonable & if you are consulted and then given notice of the change then there is little you can do except decide if you still want the job or not.

Best have a chat with them in the first instance to discuss options and impact on you etc.
 

drew

Drew
Oct 3, 2006
22,981
Burgess Hill
Proving constructive dismissal would depend on whether the changed hours could be considered unreasonable; For example changing start/finish times such that public transport becomes unviable or has a significant effect on family life.

Agree. There has to be a 'detriment' to make a claim. I believe you also have to do something within 3 months of the 'detriment' coming into effect.

https://www.citizensadvice.org.uk/w...s-legal-tests-that-apply-to-detriment-claims/

If by changing hours the OP is referring to just a change in the start and end of the day, ie no increase but just starting and finishing earlier, I suspect a lot would depend on how much of a change that is (and whether it is allowed under the terms of the existing contract). However, if it is extending the hours then that can be seen differently.
 



Albion and Premier League latest from Sky Sports

Paying the bills

Latest Discussions

Paying the bills

Paying the bills

Paying the bills


Top
Link Here