can employees change your day off ?

[mickey house]

Originally Posted by Claudette

If you have been working four days for years, I would say your employer most definitely cannot change you to five days without your agreement.

Contracts do not need to be in writing, the paper is only evidence of the contract. The contract is anything that has been agreed, verbally or in writing. Your contract now has an implied term by custom that you work four days a week.

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I believe that if the employer can show the need to change it for buisness reasons they can do it, or the alternative could be to give notice to the employee and hire someone who is willing to work 5 days a week.

[Guest]

Originally Posted by mickey house

I believe that if the employer can show the need to change it for buisness reasons they can do it, or the alternative could be to give notice to the employee and hire someone who is willing to work 5 days a week.

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An employer cannot change a contract without the employees agreement, they can only ask and explain the business requirement. And these hours are now her contracted hours under an implied term.

I agree though, as I mentioned to the other poster, that they might try to claim one role is redundant and offer another, but they really would have to have a very good business reason or I think they would be on a sticky wicket it it went to tribunal.

[400ixl]

Originally Posted by Claudette

An employer can decline a flexible working request, but they cannot agree to one and then change their mind later, it is a permanent change in the contract.

It sounds like, in your case, they have essentially said your role is redundant, but here is an alternative one with different hours. If they didn't do that, then they acted unlawfully. However depending how long ago it was, it is probably too late for you to do anything about it.

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Not at all, if the work they are doing is not changing, they are not making a role redundant. Dangerous advice to be suggesting such things.

Have a read of the citizens advice page. It has some good advice on things to check for in your contract and what steps you can take.

citizensadvice.uk/wo...acts-overview/

[Guest]

Originally Posted by 400ixl

Not at all, if the work they are doing is not changing, they are not making a role redundant. Dangerous advice to be suggesting such things.

Have a read of the citizens advice page. It has some good advice on things to check for in your contract and what steps you can take.

citizensadvice.uk/wo...acts-overview/

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I wasn't giving advice. .

I was commenting on what they appear to have done and have indicated that I think it was dodgy.

Don't need your links thanks.

[DisneyDaffodil]

As previously stated the employer can change the contract giving fair reasons and an acceptable period of notice. The employee can refuse to change but the chances are then that the employer will say that the employee will be made redundant as the role is no longer needed.

The employee could challenge that at tribunal, but often if the employer says the role is now needed 5 days instead of 4 and the employee doesn’t accept that change then a tribunal could accept that the employee could be made redundant as the role is now changed and therefore her 4 day a week job is no longer needed. Of course, a tribunal can go either way, so the employee could win and continue on her previous terms. But nothing is guaranteed at tribunal and the op would have to weigh up the risks herself as to whether she wanted to challenge the decision.

[Guest]

The employer may not be changing the contract "implicitly or explicitly" the contract almost certainly says (in paraphrase) whole we remain happy with you doing so you are able to work compressed hours. Six years later them not being happy for you to work compressed hours is not a hanger to your current contract merely them exercising their option not to allow it.

It doesn't need constant review (for instance one of the big 4 consultancies has this and they have nearly 50000 people in the UK alone - to constantly say ok we are happy with the working conditions would require an army of people just doing that)

[lizzie145]

Originally Posted by Guest

Why on earth would you need to involve a union for a simple question to your employer? It's not the middle ages anymore...

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I think the differing views and interpretation of the situation is exactly why union involvement happens.

Not all unions are seen as trouble, infact they often speed up issues and resolve them quickly.

[duchy]

Originally Posted by Claudette

If you have been working four days for years, I would say your employer most definitely cannot change you to five days without your agreement.

Contracts do not need to be in writing, the paper is only evidence of the contract. The contract is anything that has been agreed, verbally or in writing. Your contract now has an implied term by custom that you work four days a week.

See more...

You may say it but you wouldn't be correct.

[duchy]

Originally Posted by Claudette

An employer cannot change a contract without the employees agreement, they can only ask and explain the business requirement. And these hours are now her contracted hours under an implied term.

I agree though, as I mentioned to the other poster, that they might try to claim one role is redundant and offer another, but they really would have to have a very good business reason or I think they would be on a sticky wicket it it went to tribunal.

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A lot will swing on the OP's contract , whether it says forty hours or whether it states specific shifts (but even if it does there's almost always a get out clause referring to "needs of the business").
Sadly many people find their hours that suit them get changed for business reasons , it's very common nowadays and employment contracts are written to reflect it.

[Beth_Disney]

The company I used to work for (big High Street retailer) kept their contracts very minimal specifically for this purpose. Rate of pay, number of hours, normal place of work (if fixed) and amount of annual leave was written in but not much over and above that.

As a line manager I would know whether proposed changes to working patterns were going to be a problem or not. Quite often I would suggest we needed to review the rotas and the staff would come up with the proposals themselves.

It was rare for a member of staff not to agree to proposed changes and our HR department was always consulted if there were any issues to ensure what we had proposed would be backed in the event of a tribunal i.e. the correct process had been followed and there was a robust business case for the change. The process was clear on the intranet for managers or staff to refer to.