contract

[stephen broom]

Hello everybody hope you are all enjoying your bank holiday.... I am new to the forum and i am trying to help my stepson Jon he is the reason that i am contacting this forum so the story is like,,,,,,,, my stepson has worked for a company for 10 years + ,He works 2 alernating day time shift paterns during the day these are the only two working patterns they operate,he has now be told that they want him to do a a new shift that starts at 4 am and finishes at 1300,his contract only state the 2 working patterns as stated what can he do ??

[Kati]

Re: contract

Hi and welcome to LB
I have moved your thread to the employment section of the forum, where you will get lots of advice from our knowledgeable Beagles

[teaboy2]

Re: contract

Hello everybody hope you are all enjoying your bank holiday.... I am new to the forum and i am trying to help my stepson Jon he is the reason that i am contacting this forum so the story is like,,,,,,,, my stepson has worked for a company for 10 years + ,He works 2 alernating day time shift paterns during the day these are the only two working patterns they operate,he has now be told that they want him to do a a new shift that starts at 4 am and finishes at 1300,his contract only state the 2 working patterns as stated what can he do ??

The company will need to put the changes in written form, giving him notice as to the variation of terms. However they can not change the terms without his agreement, as doing so is a breach of contract. Therefore your step-son would need to sign giving his agreement to such changes in his contractual shift pattern.

However if he does not agree, then he needs to put it in writing that he does not agree to the changes to contractual terms (shift pattern) and will therefore be continuing to work his current contractual shift pattern that hes been working for the past 10+ years - Pointing out at the same time that forcing the changes on him or taking any action to dismiss him or treat him less favorably as a a result of his refusal to agree to the variation of the terms of his contract, would amount to a serious breach of contract and/or unfair or constructive dismissal.

[stephen broom]

Re: contract

Thankyou very much for your reply. i understand what you say,, ,but not being in the most perfect world i fear ,can they say that they are re writing the contract so here is the new contract sign it or resign (we are offering you a job your choice )???

stephen broom

[teaboy2]

Re: contract

No am not saying that, as they simply can not force him to resign, that would constitute constructive dismissal if they did! In fact, they can not treat him any less favorably than they do others, nor can they carry out acts that would be to his detriment, i.e. discipline/dismiss him as a result of refusing to change the terms of his contract.

What i am saying is they will have to negotiate with him to find a solution satisfactory to both your step-son and to them, or simply accommodate him in his current shift pattern, whilst everyone else works the new pattern. He could in form them he will be working under protest in regards to the new shift pattern, but doesn't agree to them being new terms of his contract and then take it to employment tribunal for breach of contract - But his best stance (if he doesn't want to do the new shift pattern) is to refuse to work the new shift pattern outright and carry on with his current shift pattern.

[stephen broom]

Re: contract

HI Teaboy2
many thanks, you have been a great help to him ,i wish you all the best and i will let you know the out come thanks steve

[teaboy2]

Re: contract

Your welcome Stephen - Make sure if he does refuse the new shift pattern to put it in writing to his employer as soon as possible, send by recorded delivery (so theyll have to sign for it and you will have proof they received his objection then) and keep a copy of said letter for your own records too, in case you may need it should they play hard ball - Though chances are they will more likely be wanting to cooperate and come to some sort of agreement other this.