Changing of hours

[HMR]

Hi there, I currently work for a university and they have approached the department to say the current hours we currently work do not meet the business needs. They have suggested new hours and for us to give our ideas. What are the next steps? I have been with the university for over 10 years and the contract is out of date. What are the next steps? I have not been in this situation before so any advice will be greatly appreciated. Thank you,

[ULA]

I will give you a general overview of employers trying to change contracts. However firstly in your contract is there a clause that allows the university to make changes to your contract with notice?

Your employer needs to follow a fair process to implement a significant change in your terms and conditions if they do not want to face a claim. So, they need to fully consult with you and agree any changes to your hours.

If you do not agree to the change then the law does recognise that employers have to adapt to changing market conditions, and that sometimes the contract of employment must be varied to reflect this.

If your employer has given reasonable and due consideration to objections and alternative suggestions that you put forward, but deem those suggestions to be unworkable, then they can terminate your original contract and offer a new one in its place on the new hours.

If you do not agree to the changes, then you must make it clear to your employer. You should do this in writing, sign and date your letter, and keep a copy. This letter will count as a written grievance. If you do not tell your employer you disagree with a change, this will be taken to mean that you have accepted it. You should do this straight away, or as soon as possible after the change has been introduced.

You can continue to work "under protest" for a while but you cannot do this indefinitely without taking further action. This may mean making a claim to an employment tribunal, or, in some extreme situations, resigning from your job and claiming "constructive unfair dismissal".

If you do not want to do either of these things, you may eventually have to accept the changes to your contract. There are strict time limits for making a claim to an employment tribunal.

[HMR]

Thank you for your reply, it is very much appreciated. At the moment, they have invited the department to meetings to discuss the new hours / rota and have asked for our ideas, it is very much an open discussion - they will review our ideas. At what stage of the process does the trade union need to be invited?

[ULA]

I presume a union is recognised by your university. If so you can talk with your local representative about what is being proposed.

How large is the department?