Change of contract

[dkuk2000]

I work in the retail sector and my company have decided to change our contracts from 39 hours per week to 5 out of 7.
I had my initial consultation today (not read the new contract yet) but had an off the record conversation with my manager about opting out of sunday working.He said if I opted out on a 5 out of 7 contract the company are within their rights to advise me that I wouldn't be needed on another day if we have enough staff regardless of me being available to work any of the remaining 6 working days. Is this correct ?

[mariefab]

Re: Change of contract

Not exactly.
The company won't suddenly acquire a new right to reduce your working days/hours solely because you don't agree to a 5 out of 7 contract.
They may already be able to change your days/hours if there's a clause in your contract permitting them to change the terms without your agreement.
Another method, if they are determined, is to inform, consult, then give the amount of notice required by the employees contract (or give everyone 12 weeks notice to avoid having to work it out individually) after which the employee is dismissed if they don't accept the new contractual hours/days and left to take their chances with an unfair dismissal claim.
If Sunday is one the days that you normally work, they don't have to give you a replacement day if you opt-out.

Is working on Sundays already written into your contract?
Does your contract include the common clause about being required to work additional time according to the needs of the business? If so, exactly what does it say?
Do you already work on some Sundays?

As you are aware, you can opt out of Sunday working by giving 3 months notice (or less if the contract permits). The notice must be in the prescribed form; i.e. in writing, signed and dated by you and must state that you object to Sunday working.
If you already work (or could be required under your contract to work) on Sundays this continues until the end of the 3 month notice period.

Your employer shouldn't dismiss you or subject you to a detriment because you opted-out of Sunday working.
Reducing your days/hours/pay would usually be a detriment.
I say usually because it depends on all the circumstances and I don't know how well using an opt-out to avoid a contractual change that an employer is currently consulting on would go down in a court (if that's why you're doing).
There really isn't much in the way of caselaw on Sunday working, but see below for a few examples.

http://www.bailii.org/uk/cases/UKEAT/1997/306_96_2804.html

http://www.bailii.org/uk/cases/UKEAT/2001/1052_00_1112.html

http://www.bailii.org/uk/cases/UKEAT/1994/794_93_0103.html

[dkuk2000]

Re: Change of contract

Is working on Sundays already written into your contract?
Does your contract include the common clause about being required to work additional time according to the needs of the business? If so, exactly what does it say?
Do you already work on some Sundays?

In my current contract there is nothing stating Sundays at all nor is there anything about working additional time (apart from overtime).
I have worked the odd Sunday just to help out once in awhile.

Truth is the whole new contract proposal seems a little forced.I was advised by my manager on the 4th of March that I would have a contract consultation on the 10th, This ended up being a 25 minute meeting that ended with him saying that he will speak with me again the following week as the new contracts have to be in place by the 1st of April.

[mariefab]

Re: Change of contract

Depending on the terms of your contract, they may indeed be able to force the change.
See the case below for an example.

http://www.bailii.org/uk/cases/UKEAT...1_09_1102.html