Employment Lawyers Can Answer Your Employment Law Questions
Hello, my name is Ben and it is my pleasure to assist you with your question today.
How long have you worked there please?
Good Afternoon Mr Jones,
Hi, have you tried to respond please, I only see one post from you saying hello but nothing else?
I have been with boots the chemist for 16 years. I work 9 to 5.30pm on sundays and the company are telling me that my role is being reprofiled and they can offer me only shift work consisting of early sn Late shifts so 5.30am to 2.15pm and 1.45pm to 10.15pm. I have explained that I can work anytime between 5.30am an 8pm due to childcare as I look after my neice an nephew
You are unlikely to find a union that will represent you immediately because many require that you are a member for a minimum period of time before they can offer any formal representation. Whilst each union's terms differ, this is the general position.
In relation to your workplace situation, there are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:
If the changes are introduced without the employee's consent, then the following options are available:
1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.
2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.
3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.
Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved to change any term, so as to evade the general rule that changes must be mutually agreed, courts will rarely enforce such clauses. Nothing but the clearest language will be sufficient to create such a right and the situation must warrant it. Any attempt to rely on such clauses will still be subject to the requirement of the employer to act reasonably and can be challenged as above.
Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this?
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