curleyburley   10 #1 Posted July 17, 2012 i have a contract for 40hrs i worked mon to fri for two yrs my employer now informs me 40hrs includes sat and sun it doesnt state days in contract can they change this:( Share this post Link to post Share on other sites Share this content via...
sharonxxxx   10 #2 Posted July 17, 2012 i have a contract for 40hrs i worked mon to fri for two yrs my employer now informs me 40hrs includes sat and sun it doesnt state days in contract can they change this:(  i would say yes they can if it doesnt state exact days in fact if im correct dont shoot me down people if im not but i think i heard somewhere that so long as they give you notice to change your shifts they can do so so many weeks notice not sure how many according to how long you have worked there ect  rubbish innit !!!! Share this post Link to post Share on other sites Share this content via...
damophoto   10 #3 Posted July 17, 2012 Yes they can. There is a process they must follow though. They just can't spring it on you and expect to do it the following week. If you don't agree with the change, then they must give 12 weeks notice of a change in working hours.  You say your contract is for 40 hours, does it state in your contract that this is Mon-Fri only? Share this post Link to post Share on other sites Share this content via...
becky_s   10 #4 Posted July 17, 2012 No, the basic legal position is that they cant alter your hours without the contractual right to do so, or without your express consent.  What they could do is take you through a consultation process over changing your hours, which may result in them terminating your current contract and re engaging you on the new terms. You could then theoretically try to claim unfair dismissal, but it may not be worth the hassle when you could just search for a job with better terms. Share this post Link to post Share on other sites Share this content via...
HeadingNorth   11 #5 Posted July 17, 2012 No, the basic legal position is that they cant alter your hours without the contractual right to do so, or without your express consent.  But his hours aren't specified, so there is no change to his contracted hours. Share this post Link to post Share on other sites Share this content via...
becky_s   10 #6 Posted July 17, 2012 But his hours aren't specified, so there is no change to his contracted hours.  That point is actually unclear from the OP. However even if that's the case, it's still possible after two years to imply a working pattern through custom and practice.  Less of a strong argument if the hours are specified to be subject to change in the contract, but possible nonetheless. Share this post Link to post Share on other sites Share this content via...
whoopie   10 #7 Posted July 17, 2012 they can change what they like, very clever of them to never state exact days and times on our contracts, so that they can change things as and when they like. I had the same problem, and worked 9.30-2.30 just so i could pick up my kids from school everyday. I was pushed to work 11-4 for 2 days a week, and struggle with school run.....Its sad really because we get no gratitude for the extra effort we put into our job (just get told that we should be grateful to have a job) i am now looking for alternative work as i cannot struggle anymore. So to be frank, either put up with it or leave. Share this post Link to post Share on other sites Share this content via...
Isabelle   10 #8 Posted July 17, 2012 If they are clever (or have consulted someone) they will have put a variation clause in there saying your hours can change 'to suit the needs of the business'. That's how my last employer got away with cutting our hours with immediate effect. There's not much you can do about it, sadly. Share this post Link to post Share on other sites Share this content via...
whoopie   10 #9 Posted July 17, 2012 If they are clever (or have consulted someone) they will have put a variation clause in there saying your hours can change 'to suit the needs of the business'. That's how my last employer got away with cutting our hours with immediate effect. There's not much you can do about it, sadly.  I agree they have a clause in there to say they have the right to change our working pattern. Share this post Link to post Share on other sites Share this content via...
Bludragonfly   10 #10 Posted July 17, 2012 Give the ACAS helpine a call tomorrow for free and accurate advice - http://www.acas.org.uk/index.aspx?articleid=1410 Share this post Link to post Share on other sites Share this content via...
curleyburley   10 #11 Posted July 17, 2012 thanku all so much Share this post Link to post Share on other sites Share this content via...
scottsmith   10 #12 Posted July 17, 2012 (edited) If they are clever (or have consulted someone) they will have put a variation clause in there saying your hours can change 'to suit the needs of the business'. That's how my last employer got away with cutting our hours with immediate effect. There's not much you can do about it, sadly.  A wise business approach. Edited July 17, 2012 by scottsmith Share this post Link to post Share on other sites Share this content via...