My employer wants to change my working hours...

[mikey0118]

I have been working for a company for 18 months on a 9am to 5pm shift, Monday to Friday. Recent changes have resulted in the company telling me that this shift is going to change to a 10am to 6pm, starting in January. My contract basically states my working hours as being any time between 8.00am and 6.00pm for a total of 35 hours per week, but having worked the same shift for so long, do I have any rights? Can I challenge this change?

[Ethel]

They are not changing your contract so they can change your hours to the new pattern.

[ummmm]

I wouldn't say so as I presume you agreed to the contract.

[richtee]

Hi mikey,
Always a bit tricky this one-bear in mind that you may win this argument, but get the proverbial "black cross" against your name- you will be first out when any redundancies come along. Go here for some good explanations etc.,
http://www.workingfamilies.org.uk/asp/family_z one/fs_pr9_changes_to_contract.asp
Good luck.

[buildersmate]

Agree with Ethel's answer. It's not at all tricky. The contract allows for flexibility, the company is merely invoking that flexibility.
You would only be able to maintain that you may have certain rights if you had no wording about flexibility in the contract.

[factor-fiction]

Given the wording of your contract I think you will find it very difficult to make a valid challenge but there's no harm in asking, particularly if you have childcare arguments. Your chances would be greater if you were female (I guess from your name that you are male) but if you genuinely have childcare responsibilities you could as a long shot challenge the hours. To quote richtee's link:

Constructive dismissal can be complicated and difficult to prove so you should always seek advice before resigning. If your contract allows for a change, e.g. it reads, �you will usually cover the Midlands region but you may be required to work in other regions�, or �you will usually work 9 � 5 pm but may be required to work other hours as necessary for the business� you should seek legal advice. Even if the change being imposed by the employer is technically within the remit of the contract, it may be indirectly discriminatory on the grounds of sex & a breach of an employer�s implied duty to an employee of trust & confidence and a breach of the obligation to provide a safe working environment. In such cases, an employee may be entitled to resign & claim constructive dismissal.
It's a long shot though, and in the unlikely event you succeed it could damage the long term relationship with your employer.

[steven15]

It would be best to approach only if you have any serious/genuine concerns .In case you don't its better to adjust to the new time frame.
I agree with richtee about becoming the first out

Good luck

[mikey0118]

Thanks all for your help. Looks like I'll have to just grin and bear the change!