Employment Law Advice

[buffymad]

My boyfriend has just received a letter saying something like in order to make them (him and others) work more efficiently, they're suggesting changing their working hours. One week would be normal (8 to 5), another week an early shift (7 to 4) and then a late shift (10 to 7). There's going to be a meeting held before the end of the month with each person to discuss this.

If he agrees, should he be given a new or amended contract? His existing one mentions his working hours as being 8 to 5 and anything before or after is overtime.

I know it's not really shift work as such (ie through the night), so assuming salary shouldn't change?

Is there anything else he should be aware of? I don't think he necessarily minds the proposed change but does he actually have a choice? Can he say no if he wanted without any recriminations?

[boxtops]

In my view yes, there should either be a new contract or a letter (which is what we usually get at times like this) outlining the new contract T&Cs. the employer is going through the correct processes by consulting with the individuals. If he doesn't want to go with the new plan, the employer would have to outline his options (e.g. redundancy), but usually there is a clause somewhere which says that the interests of the business come first.

[woofgang]

It depends what his contract says about his working hours. Some contracts say things like "your hours per week will be xxxxx, usually worked xxxxx or to fit the requirements of the company" In which case it would be good practice to append a memo detailing the new hours but not essential.

[buffymad]

No, it actually spells out the hours he will work between, ie 8am to 5pm.

[woofgang]

then it will need to be formally amended IMO, can be done by memo rather than new contract.

[buffymad]

Obviously when he had to go in early or stay behind to do work, that was classed as overtime. I'm assuming if he's now working those hours (on a rota basis), his wages won't change as that's just then "normal"?

But if he worked outside of these new hours again, should they still pay him overtime?

[fiction-factory]

I think if they give him notice of the change and go through any required consultation he has the choice whether to stay under the new terms or leave. The new terms should set out the provisions, if any, regarding overtime.

[thugulike]

Can be changed just by letter. Redundancy is not an option but he could be dismissed if he doesn't agree to the new T&Cs. He should go to CAB and check all is above board