change to working days pattern without notice.

[tompoulo]

Hi all.
Ive been on a 4 day a week fixed rota for about 7 years. Its a 4 week rota pattern. So i could plan months ahead if i needed time off. I ve always done the monthly rota myself and followed the same pattern for all these years. Even the manager went by "my" calendar to sort out cover. I work in a small company in the UK. Ive printed out the rota for myself that goes to the end of the year. Ofc theres always been some flexibility and i would swap days if they needed cover it has always been done in good and friendly terms. The company changed owners about 18 months ago. Still following the rota that ive always had.
They decided a couple of months ago to give a rota software "a try" as they said. But its complicated and i told them im still going by the printouts that ive always done. No reaction from them. Now i had a look at the software today and they have me down as working different days this week compared to my printed rota. They havent mentioned anything to me about the change. No communication at all. Can they do this without notice? Ive been working the same pattern for 7 years. I dont mind changing some days but i dont want this last minute changes to happen all the time as i need to plan my life.....also i dont mind the flexibility but at least if im notified/asked about the change. In my contract it does say that it can change to suit their needs but its an old contract that neither me or my new boss has signed and it still has as first aiders people that got fired 5 years ago. Its just a word document with no signatures, nothing.
Where do i stand? Shouldnt they at least give me some notice for the change?

Thanks and sorry for the long post

[Gilltheblackcat]

Re: change to working days pattern without notice.

Bump this, as I am quite interested, similar things afoot at my work.....

[charitynjw]

Re: change to working days pattern without notice.

Hi

It could be argued by you that there is an implied term of 'custom & practice' in your contract.
It needs to be 'reasonable' (fair), 'notorious' (well-known) & 'certain' (precise enough to state clearly).
Sagar v Ridehalgh & Sons Ltd [1931]

tompoulo
You have been there for 7+ years, so you have the statutory rights afforded by the Employment Rights Act 1996
Gill - ?

Have you approached your line management with your concerns?

[charitynjw]

Re: change to working days pattern without notice.

I forgot to mention.
If you do not object to the new hours within a reasonable time, it may be classed as variation of contract by affirmation.

[Gilltheblackcat]

Re: change to working days pattern without notice.

Charity,
My situation is a little different, and at the moment is hearsay, however Management know my reservations, but 'the business has evolved'. I will put more info out as and when I have something more concrete....

[tompoulo]

Re: change to working days pattern without notice.

Hey
thanks charitynjw for the advice! i will the check the employment act out.
I have asked to have a chat with them but they have been avoiding me. It seems Im back to my fixed rota for now...

Just got some advice from a lawyer. I thought to put it up here for anyone that is interested...And maybe charitynjw can advise if its sound advice

Its all a bit subjective with employment law as its all down to what is deemed reasonable.
First of all my "fixed" rota is part of my contract now as a contract's terms can be written, verbal or by conduct. And as there have been no objections to it then that is considered part of my contract even if its not written in the contract. Now here comes the complicated part...The employer can change my shifts but this has to be "reasonable". Also the notice they will have to give me must be "reasonable". Unfortunately thats where someone else has to decide if these changes are "reasonable". So its really down to each individual case and to each individual judge (if it goes to that extent).
And the "suit the business needs" term is subjective as well, as having someone to work 24 hours a day would suit the business "needs" but thats not feasible. So it has to be agreed or discussed with me prior to any changes.
So as I see it so far its a bit of a grey area and down to individual circumstances...But the important part is that an employment contract is not limited to what is written on that piece of paper. You can always object to any changes in the working pattern / rota but if its "reasonable" then you have to accept it or quit! If it is "unreasonable" then you have to put that in writing and take it from there..the employer could just accept your objection and put it back, or enforce the new terms which again you would have to quit and then claim that it was an unfair constructive dismissal... go figure...
It was a bit of a short meeting so thats what I managed to cover in that short space of time. Please take what Ive said as a reference only as I might have not fully understood all the terms and advice! Also it seems that its quite different for every individual case!

Hope this helps

[charitynjw]

Re: change to working days pattern without notice.

Hey
thanks charitynjw for the advice! i will the check the employment act out.
I have asked to have a chat with them but they have been avoiding me. It seems Im back to my fixed rota for now...

Just got some advice from a lawyer. I thought to put it up here for anyone that is interested...And maybe charitynjw can advise if its sound advice

Its all a bit subjective with employment law as its all down to what is deemed reasonable.

First of all my "fixed" rota is part of my contract now as a contract's terms can be written, verbal or by conduct. And as there have been no objections to it then that is considered part of my contract even if its not written in the contract.
Custom & Practice
Now here comes the complicated part...The employer can change my shifts but this has to be "reasonable". Also the notice they will have to give me must be "reasonable". Unfortunately thats where someone else has to decide if these changes are "reasonable". So its really down to each individual case and to each individual judge (if it goes to that extent).
And the "suit the business needs" term is subjective as well, as having someone to work 24 hours a day would suit the business "needs" but thats not feasible. So it has to be agreed or discussed with me prior to any changes.
The 'reasonable man' test is objective.
So as I see it so far its a bit of a grey area and down to individual circumstances...But the important part is that an employment contract is not limited to what is written on that piece of paper.
There are many parts of the contract which are not express (ie the implied duties of mutual trust & confidence).
You can always object to any changes in the working pattern / rota but if its "reasonable" then you have to accept it or quit! If it is "unreasonable" then you have to put that in writing and take it from there..the employer could just accept your objection and put it back, or enforce the new terms which again you would have to quit and then claim that it was an unfair constructive dismissal... go figure...
You can work to the new terms 'under protest', but you would be expected to take your objection forward fairly quickly (ie a formal grievance via the firm's Disciplinary & Grievance procedure.
It was a bit of a short meeting so thats what I managed to cover in that short space of time. Please take what Ive said as a reference only as I might have not fully understood all the terms and advice! Also it seems that its quite different for every individual case!

Hope this helps

You can also contact ACAS for further advice & possible mediation.

[tompoulo]

Re: change to working days pattern without notice.

Thanks for the advice!