Custom and practice.....

[dezst182]

For nearly 4 years I have been permitted by my company to start and finish early on certain shifts in order to make my train and prevent me from waiting over an hour for another. We now have an impending change of shift pattern and I've been told that I can no longer start and finish 5 minutes early. I spoke with HR regarding this who advised me that the custom and practice law wouldn't come into effect as the company would simply have to give me 4 weeks notice advising I can no longer do this. Is this true? If it is, does anyone have any ideas of any other rights that I may have to ensure I can finish 5 minutes early in order to prevent me waiting over an hour for a train?

[buildersmate]

It rather depends what's written in your contract of employment (probably nothing) and / or the Company Handbook on start and finish times. Many organisations will build this sort of flexibility into their contracts of employment so that they can change things around in the event of a business need. In which case, giving an employee notice of such a change is within their rights. Sorry. They need to consult with employees over the change, and you may be able to gain a short term concession of time - but its likely to happen sooner rather than later.

[scarletpimp]

Do you qualify for flexible working?

http://www.dti.gov.uk/employment/workandfamili es/flexible-working/index.html

If not, I don't think you have a "legal" leg to stand on. Perhaps you could negotiate with your employer and come to a mutually agreeable solution, e.g. you finish early 4 days a week and late on the 5th or you start early etc.

[aquarius1]

i HAVE WORKED FOR A COMPANY FOR 31YEARS THAT HAS RECENTLY BEEN TAKEN OVER THE NEW COMPANY HAS MADE ME REDUNDANT, ON THE BASIC GOVERMENT TERMS, THIS HAS NOT BEEN THE CUSTOM OR PRACTISE OF THE ORIGINAL COMPANY. DO YOU THINK I HAVE A CASE

[td1957]

In response to Aquarius1, I would have thought you are protected by TUPE law, which is basically, "employees' most important terms and conditions of contracts are not worsened before or after the transfer (unless there is an 'economic, technical or organisational' reason". Presumably you will lose quite a bit from this, so I would suggest you aeek advice from an employment law solicitor. Good luck. [email protected]

[td1957]

In response to Aquarius1, I would have thought TUPE law would have been relevant, which is basically, "employees' most important terms and conditions of contracts are not worsened before or after the transfer (unless there is an 'economic, technical or organisational' reason". Presumably you will lose quite a bit from this, so I would suggest you seek advice from an employment law solicitor. Good luck. [email protected]