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

 

[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:

 

[Ahleckz]

So had the meeting today, and they want me to work one weekend every third week on site with no possibility of working from home and then having 2 consecutive days off during the week. Everyone else agreed to it with it beginning in January, I refused and it's now going to "consultation" but no one could articulate what that would mean.

I feel I'm just kicking the can down the road a bit and don't expect any other outcome than "take it or leave it".

 

[Ahleckz]

Is there anything wrong with doing those days?

I don't want to, and at interview I made that quite clear and I've been reiterating it each time it's been brought up. I work to live. I refuse to adjust my lifestyle to suit their business needs. As said, I'm accepting they can probably make me do it. I just don't accept they can make me do it with little to no notice and without following proper processes. I have two options, I do it or I leave but I'll ensure they follow the process properly before doing either.

Anyway, they've delayed implementing it for a short time (suspect it'll be brought back up in March) as they can't fill a position they need to effectively start it.