My employer wants to change the days I work, what are they allowed to do?

[Ahleckz]

I currently work Monday - Friday 8.30 - 5pm as an area manager. I moved from a 6 day working week, 65+ hour role in the same company into this role around 2 and a half years ago and made it very clear at the interview and subsequently that it was the 5 day Monday Friday that was the main factor for me.

I have a team meeting tomorrow, and I fully expect the bosses to implement Saturday working of some sort or perhaps a full 5 day out of 7 rota system as the business trades all 7 days and it does make business sense that there is full coverage.

My contract is very vague, and whilst it does state I work a Monday - Friday it makes mention that deviation "to suit business needs" may occur.

What are my rights to this? Can they just say, "these are your new working times, take it or leave it". Do they have to open it up to negotiation/consultation? Can I refuse to do it? Again, contract and handbook are very vague.

There are 5 of us who do the same job, and we approach it somewhat differently. I and one other work as per our contracted hours. Two others are on site during contracted hours but have their work phones on 7 days out of 7 and the one other does a bit of a mix.

I know that there won't be any chance of a change to my package with the new rota system and there is no chance of working from home.

Thanks

 

[Rroff]

If this is your average employer ultimately if that is what they've decided they are going to push it through - short of a full on strike (and even then they will try and ease it in over time). Most likely if they do it by the book they will sit you down with it as an amendment to the contract you either accept or find another job.

Unless the contract specifically states days and times without any other clauses they can with "reasonable" notice make changes at any time - however should it come to any kind of tribunal, etc. then they tend to look down on vague open ended clauses and will usually rule on the narrowest interpretation - i.e. a needs of the business clause for changing hours and times will be reasonable for slight variations of hours and days but not say wholesale changing you from say week days to expected to work weekend nights, etc.

 

[labbby]

Isn’t there a certain notice of change period ?

I would like to think so

 

[Brizzles]

The key word is ' contract ' and vague has you bending over a barrel.

 

[Quartz]

and made it very clear at the interview and subsequently that it was the 5 day Monday Friday that was the main factor for me.

Did you say so in writing? If so constructive dismissal comes to mind.

 

[Rroff]

Isn’t there a certain notice of change period ?

I would like to think so

Usually it would be expected to be 4 to 13 weeks depending on the situation - a lot of companies try and drop it on people last minute though

Might get some different answers in this thread but I've been through this either personally or supporting someone else even with union support and I know how it ends up working out in the real world

 

[dowie]

made it very clear at the interview and subsequently that it was the 5 day Monday Friday that was the main factor for me.

Did they offer any assurances regarding that? If something is a big factor for you then it is best to get it written into the contract. Though if the people you had the interview with gave you some verbal assurances then morally they ought to stick with them and you ought to be able to remind them of that...

If they don't and it is a deal breaker then I'd be tempted to just leave, why stick around if they'll break promises like that - go get a role elsewhere.

 

[Captain]

I was told by a union representative that the notice period for your employer to change your working hours/days is 90 days notice.

 

[Dis86]

I was told by a union representative that the notice period for your employer to change your working hours/days is 90 days notice.

Incorrect. It's typically accepted as being as long as the notice period on your contract though there's no legally defined minimum.

 

[Captain]

Incorrect. It's typically accepted as being as long as the notice period on your contract though there's no legally defined minimum.

I was told the same by the HR department.

When we were given new hours and days to work, we were told we could accept it straight away or go into a consultation period where they can change our hours after 90 days.

Although each employer has different criteria when deciding this kind of stuff.

 

[Rroff]

I was told by a union representative that the notice period for your employer to change your working hours/days is 90 days notice.

Last time I dealt with this on behalf of someone else I was told that the definition is just "reasonable" and it would typically be expected to be between 4 and 13 weeks - from an older case I have this from the union "then you are entitled to notice of a week for every year you've worked there, upto a maximum of 12 weeks" but no idea where that came from and can't see it supported legally - possibly an internal agreement with the union although it would possibly be inline with the terms of a notice period as per contract for redundancy.

 

[Dis86]

I was told the same by the HR department.

When we were given new hours and days to work, we were told we could accept it straight away or go into a consultation period where they can change our hours after 90 days.

Although each employer has different criteria when deciding this kind of stuff.

They're wrong too. As I say there's no legally defined period, just a 'reasonable' period. If you can find one I'm all eyes!

 

[Captain]

They're wrong too. As I say there's no legally defined period, just a 'reasonable' period. If you can find one I'm all eyes!

Yes you must know better than the HR department.

As I said before, each employer is different, most likely one of the better ones for us giving us 90 days before enforcing a shift change, I’m not going to complain.

There’s a good chance my employer does it to allow workers the time to make arrangements with family, kids etc.

 

[Dis86]

Yes you must know better than the HR department.

As I said before, each employer is different, most likely one of the better ones for us giving us 90 days before enforcing a shift change, I’m not going to complain.

There’s a good chance my employer does it to allow workers the time to make arrangements with family, kids etc.

As I say if you can find a source I'm all eyes. I've just double checked several hr legal guidance sites and not one specifies a period.

 

[paradigm]

Are your current working hours not covered by “Terms implied by custom or practice”?

You’ve had those working hours for years, without challenge, so they may be assumed to now be contractual.

 

[[FnG]magnolia]

My contract is very vague, and whilst it does state I work a Monday - Friday it makes mention that deviation "to suit business needs" may occur.

Danger, Will Robinson, danger!

 

[Deleted member 77746]

Danger, Will Robinson, danger!

Lost in space.

Anyway... read your contract and look for the part about working hours. Highlight that part and go from there. Are you willing to change your contract to suit the business?

 

[Ahleckz]

Did you say so in writing? If so constructive dismissal comes to mind.

I was thinking that may be a route, but wouldn't even know if it's possible. I am willing to leave over this, I refuse to work a Saturday in this role without some sort of change to my package - namely an increase in my basic salary but that's definitely not going to be offered. I'd simply move back to my previous role, albeit on a 5 day week (including Saturday) and earn more than I am currently on and look for a new job outwith my company.

Last time I dealt with this on behalf of someone else I was told that the definition is just "reasonable" and it would typically be expected to be between 4 and 13 weeks - from an older case I have this from the union "then you are entitled to notice of a week for every year you've worked there, upto a maximum of 12 weeks" but no idea where that came from and can't see it supported legally - possibly an internal agreement with the union although it would possibly be inline with the terms of a notice period as per contract for redundancy.

I've heard the 90 days thing, but doesn't seem to be anything written in stone. I think I'll push for that though, as that'll give me time to job search whilst looking like I'm happy to make concessions but need time to sort out things in the personal life. Part of me expects them to start the new hours in January.

Are your current working hours not covered by “Terms implied by custom or practice”?

You’ve had those working hours for years, without challenge, so they may be assumed to now be contractual.

Again, heard about this but unsure how it actually applies legally. I've read about it in the past but it seems extremely vague.

 

[Ahleckz]

I've not got my contract to hand, but found the master file so it'll read very similar and looks like I may be up the proverbial creek:

 

[Deleted member 77746]

So what does your offer letter say ? Sounds like from that generic statement any alterations give you 1 months notice.