ChatterBank2 mins ago
work advice pleae
i work 9.30 - 2.30 shift in the office. My boss is saying that she is going to stagger the hours so i have to work till 4 some days. I applied for this post due to the convenient hours, and have been doing them since 2009, with school runs fitting in between. Can she force me to work till 4 and change my hours and have i got rights.
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Hi. No its not possible for your boss to change your hours randomly, but whether or not you can do anything about it depends on whether or not your hours are written in your contract. If it states 9.30 - 2.30 then they would have to go through the correct procedure to change of contract. If it just says 20 hours per week, then it'll be more difficult.
However, if you refuse and stick to your normal hours, they'd have to instigate discipinary procedure against you for not doing the new hours and you'd most likely win. (Yor rights are protected after 2 years employment)
Try talking to them firmly about your inability to change tell them that since you have been with them for more tah 2 years now, you have protected rights. See what they say.
However, if you refuse and stick to your normal hours, they'd have to instigate discipinary procedure against you for not doing the new hours and you'd most likely win. (Yor rights are protected after 2 years employment)
Try talking to them firmly about your inability to change tell them that since you have been with them for more tah 2 years now, you have protected rights. See what they say.
Well, not a legal view, but, you are employed, so you're employer has the right to adjust things according to their needs. This happened in my job where they altered the start and finish times, and though it didn't affect me, it did other workers who basically had to lump it. It goes without saying, if you aren't prepared to do it, someone else will.
Hmm. There's a shed-load of misleading statements in the above, so I'm going to have to start again.
The starting point, on the basis that teaching a man/woman to fish (or where to fish) then you feed him/her for life is to read this document: -
http://www.direct.gov...onditions/DG_10028079
The most important bit is titled 'If your employer wants to change your contract' - read it carefully, then click onto the page where it talks about 'disagreeing to changes in your employment contract'.
You will note it says 'if you disagree the employer is not allowed to just bring in the change'. That's the good news and Maidup is correct about that. However the employer can terminate your contract by giving you minimum notice (probably two weeks in your case but more if your written contract says longer) and offering to re-engage you on revised terms (the changed hours). The DirectGov website tells you about contacting ACAS if this happens to you.
What the employer should be doing right now is consulting with you over the changes, finding out what practical problems it would cause you and offering to try and find ways around them. Equally it helps your case (if it comes to it down the line) if you are able to show SOME flexibility in recognising the employer's problem. Feel free to make your own suggestions (that don't necessarily involve you in agreeing the hours). KEEP NOTES OF THESE MEETINGS.
Then see what happens. If the employer still goes ahead and offers you only the changed hours scenario, you could go and talk to ACAS. This might then lead eventually to a claim for unfair dismissal. (Its 12 months continuous service before a claim for unfair dismissal can be made - not 24 months).
You do not have 'protected rights' in a way that they are sacrosanct and cannot be changed.
The starting point, on the basis that teaching a man/woman to fish (or where to fish) then you feed him/her for life is to read this document: -
http://www.direct.gov...onditions/DG_10028079
The most important bit is titled 'If your employer wants to change your contract' - read it carefully, then click onto the page where it talks about 'disagreeing to changes in your employment contract'.
You will note it says 'if you disagree the employer is not allowed to just bring in the change'. That's the good news and Maidup is correct about that. However the employer can terminate your contract by giving you minimum notice (probably two weeks in your case but more if your written contract says longer) and offering to re-engage you on revised terms (the changed hours). The DirectGov website tells you about contacting ACAS if this happens to you.
What the employer should be doing right now is consulting with you over the changes, finding out what practical problems it would cause you and offering to try and find ways around them. Equally it helps your case (if it comes to it down the line) if you are able to show SOME flexibility in recognising the employer's problem. Feel free to make your own suggestions (that don't necessarily involve you in agreeing the hours). KEEP NOTES OF THESE MEETINGS.
Then see what happens. If the employer still goes ahead and offers you only the changed hours scenario, you could go and talk to ACAS. This might then lead eventually to a claim for unfair dismissal. (Its 12 months continuous service before a claim for unfair dismissal can be made - not 24 months).
You do not have 'protected rights' in a way that they are sacrosanct and cannot be changed.
Sorry BM only just seen your post, It is possible for almost any term to become an express term of the contract if agreed at the time by both parties and is of course legal. If the contract says “ hours will be 9.30 to 2.30pm or 11 to 4pm” this is an express term and the employer will be justified in changing the hours of work. It should be noted that the wording of the Unfair terms in Consumer contract regulations 1999 specifically excludes employment contracts, which is why I suggested rozia checks, what was agreed in the contract when they joined, I have not heard anything further.
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