Implied contract?

[3puddings]

I have worked a permanent evening shift since beginning my current employment 10yrs ago. My contract says 'Employees may be required to work a variety of shifts.'
My contract also gives me my pay scale.
I have now been informed they are going to replace my evening position with a newly employed lower paid worker, and that I can keep my present position ( but take the drop in pay)
The alternative given to me is I can move onto a day shift and keep my present pay grade. (doing the same job and same job title)
Because I have worked my full time of 10yrs with this company my personal and family life revolves around these evening hours, moving to a day shift would be unacceptable to me causing personal problems.

I understand it is illegal to remove an employee from a position and replace him with a lower paid worker am I right?

Can it be that because I have worked my full employment time of 10yrs with them working an evening shift that this can be termed as a 'implied contract?'

[james_law]

There is no implied contract unfortunately. That would mean the implied contract would overrule your expressed contract, your expressed one is superior. 'may be required to work a variety of shifts' means you can be moved shift and that is what they are doing. They are not removing an employee from a designated position and replacing him, they are merely exercising the option to have you work a variety of shifts.

I would speak to your boss and try to come to a mutual beneficial arrangement by explaining your situation. If they dont agree they are well within their right to move you and you may have to lump it or like it.

I'll tag Ula whom will be able to give you a definite answer.

[des8]

By custom and practice terms may become implied into an employment contract.
In order for that to happen it must be "reasonable, notorious and certain".

on the face of it, 10 years would seem to meet the criteria, but it is probably not that simple.
Await Ula!

[ULA]

Ok a couple of things here, you have a contract which expressly states, 'Employees may be required to work a variety of shifts.' This means that within the shifts operated by the company they have the right to require you to work them. So, the company has the right to change the shift that you work.

Custom and practice is one of various ways that terms may become implied into an employment contract and as des8 has said needs to be "reasonable, notorious and certain". However, this is normally in relation to a discretionary benefit becoming a binding term of their employment contract through custom and practice. e.g. a bonus at Christmas or allowing staff to leave work early on a Friday.

As a matter of ordinary contractual principles, no term should be implied, whether by custom or practice, which is inconsistent with the express terms of the contract. The express terms of your contract require you to work a variety of shifts.

You are not being removed from a position you are being asked to work a different shift and there is nothing illegal about it given your contractual terms.

So, given the above what can you practically do. Well I suggest that you speak to your manager, explain that for the last 10 years you have worked the same shift and that given the shift pattern has not changed for such a long period of time your family arrangements have adapted around that and to change to a day shift would cause issues e.g. child care. If the company are doing this to try and save costs I am not sure how that comes about. If you are being offered the day shift at your current salary and new employee works evenings at lower salary, then that it is the same cost as you working evenings on current salary and new employee working the day shift.

[3puddings]

Thanks for your replies.
I have spoken to management to no avail.
I will continue to try but hold no hope with my management.