Change of employment contract

[mrian]

My current employer's are planning to change my contract. At the moment I work every other weekend. They company has recently made a person redundant and are planning on asking me to work every weekend which would involve a change in hours, days and essentially job title. The way think they can get around it is in my contract it does state a 'flexibility clause' for the benifit of the company's needs. Can they do this and if so am I entitles to notice of change of contract.

Cheers

[Harmonica]

Re: Change of employment contract

Yes they can definitely do this I'm afraid. It would be nice of them to give you a reasonable amount of notice but they are under no real statutory duty to do so, especially if there is a clause in the contract that allows them to make changes such as this.

[ironman]

Re: Change of employment contract

Employers can only use flexibility clauses to make reasonable changes

An employer still has to go through the statutory notice period of consulatation before changing a contract of employment

An employer is expected to give a reasonable notice before he changes the contract for a full time employee, which may vary depending upon the level of changes being introduced.

Generally, the notice period is normally equivalent to the notice period that the employee is entitled to under the terms of his contract of employment so that if he doesn't agree to the changes and claims constructive dismissal, the employment doesn't have to pay in lieu of notice.

This is different if immediate changes are to be introduced in which case the employer is expected to give a reasonable notice as deemed necessary.

[mrian]

Re: Change of employment contract

Also I have been on holiday the last 3 weeks. Whilst away 5 members of my team where asked to give ha ago at this job so the rotas can stay the same I.e weekend in weekend off, the all one by one refused to do it and now it will be pushed on to me. Can I just refuse if all the other lads have

[ironman]

Re: Change of employment contract

No changes are instigated before the consultation period ends, otherwise what is the point of a consultation period?? How many people will this change of contractual terms directly have an effect on if introduced??

Has the employer formally announced a consultatiuon period, do you have a work place spokesman or Trade Union

[mrian]

Re: Change of employment contract

It appears to just be me it will affect. I don't get how 5 other people can blatantly refuse to do this job yet it can be pushed on to me. No consultation period as of yet. Will find out more on Monday when I am in.

Quick back story. I work 10 days on 4 days off. Which is Monday to the following Wednesday. So if I have to work every weekend it will mean having Mondays and Thursday off. I have recently got married and we are trying for a child and these changes will have a negative effect on my life.

[ironman]

Re: Change of employment contract

You need to be requesting that if this change is implemented, for Family Friendly hours. You need to make the request in writing and they must respond to that request with a decision. They cannot refuse.

They will also need to do an Equality Impact Assessment. Staff members may be protected under the Equality Act, or Disabiliity by association,

That is why you must have the consultation period.