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The other day one of my daughters came to me with a query, which I now post up to hear other LBs' opinions.
She is currently on maternity leave, and returns to work mid September.
She is a nursery nurse and employed by the same company for 5 or 6 years.
She is aware that on return she is entitled to return on same terms and conditions as previously enjoyed. This is confirmed in the staff handbook: "You are entitled to return to your original job ............. However, if this is not reasonably practicable, you will be offered a similar role on no less favourable terms and conditions."
Her current hours of work (as stated in her contract) are Monday, Wednesday, Thursday and Friday 9am to 1pm.
Her children attend the nursery, for which she pays, when she is at work.
She has one other child at primary school.
She has been informed verbally by her employer that her hours are to be changed to Monday and Wednesday, 9am to 6pm because there was no room for her daughters on her old hours.
Her deputy however has said that the reason was staff scheduling difficulties, and that she has no rights and she has to work the hours they require!!!! (foolish thing to say to a daughter of a beagle:beagle2222
Because of the need to collect her eldest from school mid afternoon it is basically impossible for her to work the new hours.
Her contract has a variation clause: "The company reserves the right to make reasonable amendments to your terms and conditions of employment. Any changes or amendments to the terms of your employment will be confirmed to you in writing within one month of them taking effect"
Now I understood such blanket variations were of no effect, and that the variation term must be about something specific eg Hours, pay etc. (This was confirmed on CAB website)
However or reading the ACAS site I came across this quote "The flexibility clauses may be quite specific or they may include a general power to allow the employer to change the contract terms."
So is a variation term in an employment contract that allows the employer to make any changes that they like to the contract enforceable?
I am suggesting she writes to her employer, objecting to the change and explaining why, but continue to work "under protest" to see how matters develop.
What do others suggest perleease
?
She is currently on maternity leave, and returns to work mid September.
She is a nursery nurse and employed by the same company for 5 or 6 years.
She is aware that on return she is entitled to return on same terms and conditions as previously enjoyed. This is confirmed in the staff handbook: "You are entitled to return to your original job ............. However, if this is not reasonably practicable, you will be offered a similar role on no less favourable terms and conditions."
Her current hours of work (as stated in her contract) are Monday, Wednesday, Thursday and Friday 9am to 1pm.
Her children attend the nursery, for which she pays, when she is at work.
She has one other child at primary school.
She has been informed verbally by her employer that her hours are to be changed to Monday and Wednesday, 9am to 6pm because there was no room for her daughters on her old hours.
Her deputy however has said that the reason was staff scheduling difficulties, and that she has no rights and she has to work the hours they require!!!! (foolish thing to say to a daughter of a beagle:beagle2222
Because of the need to collect her eldest from school mid afternoon it is basically impossible for her to work the new hours.
Her contract has a variation clause: "The company reserves the right to make reasonable amendments to your terms and conditions of employment. Any changes or amendments to the terms of your employment will be confirmed to you in writing within one month of them taking effect"
Now I understood such blanket variations were of no effect, and that the variation term must be about something specific eg Hours, pay etc. (This was confirmed on CAB website)
However or reading the ACAS site I came across this quote "The flexibility clauses may be quite specific or they may include a general power to allow the employer to change the contract terms."
So is a variation term in an employment contract that allows the employer to make any changes that they like to the contract enforceable?
I am suggesting she writes to her employer, objecting to the change and explaining why, but continue to work "under protest" to see how matters develop.
What do others suggest perleease
?
xx
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