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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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hello i have a contract of 22 and a half hours, with a stated

Customer Question

hello
i have a contract of 22 and a half hours, with a stated shift pattern on the contract.
The firm i work are changing their working practises and called me into the office to tell me that they are changing my working shift. One one day they have asked that i work 18.30 - 23.00 which i cannot do as i am committed to my local church or they have said if i do not work this evening i must work a saturday shift, which is my only day off with my partner as she works 6 days a week and only has this day off. Is this an invasion of my private life.They have said that if i do not take one of these shifts then they will reduce my contracted hours.. is this legal can they do any of the above. I am on the understanding that they cannot reduce my contracted hours.
Thankyou
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill : Hello my name is XXXXX XXXXX I am happy to help you today, How long have you worked for your employer?
Customer:

18 months

taratill : Are you the only person being asked to change shifts or are others also being asked?
Customer:

no about 3 people in my department and a couple in another department, but some departments do not have to their shifts will remain the same

taratill : What business reason is there for asking you and have you explained your situation? If so what response have you received?
Customer:

the company is in retail and the reason is that they want to focus on customer so no one is to be on the shop floor ie stacking shelves, stock taking etc, my job was in warehouse 5 days a week and now they want me to do two mornings in warehouse, 2 days on shop floor and this one evening job stacking shelves. The manager did explain to me the reason for ther company change and said that my shift may have to change..i did tell him i cannot do evening or saturday at this meeting and he said at the time that he would see what could be done but in the meeting he kept using the words i might want you to work one evening or one saturday so i think he already knew what was going to be done

Customer:

hello

Customer:

yes my contract did specfy my times of working

Customer:

you were answering my question and have just gone off line without answering my question..why

Expert:  taratill replied 3 years ago.
finally did your contract specify the actual shifts you were required to work?
Customer: replied 3 years ago.


yes my contract did specify this

Customer: replied 3 years ago.
Relist: Incomplete answer.
the expert just went off line without answering my question
Expert:  taratill replied 3 years ago.
Hello, please do not relist again as it is difficult for me to then answer your question. It may be that there will be short breaks, particualry given that there appears to be some technical difficulties.

Your employer cannot unilaterallly vary your contract of employment. You should be given notice of a change in terms of conditions in accordance with the contract.

As you have less than 2 years service if you choose not to work under the new terms you have inadequate service to claim unfair dismissal.

Your strongest arguement is on the basis of religious discrimination that it is unreasonable for you to be asked to work in the evenings when you attend church. I would suggest you raise a grievance on that basis.

If you have any further questions please do ask. if I have answered your quesiton I would be grateful if you would take the time to rate my answer. thank you and all the best.
Customer: replied 3 years ago.


can this employee reduce my hours of contract

Expert:  taratill replied 3 years ago.
Yes but only with notice under your contract. If they fail to give notice then if you are paid less it would amount to an unlawful deduction from wages and you would be able to bring a claim on that basis in the employment tribunal.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Expert:  taratill replied 3 years ago.
Hi would you still like help with this?
Customer: replied 3 years ago.

 


Hi thankyou for answering, ok it was a s I thought, my manager is very crafty and is trying to force my hand by saying if you cannot work Tuesday then you must work Saturday……as I said before this is the only day my partner and I get to spend the day together..can he force me to work the saturday

Expert:  taratill replied 3 years ago.
In all honesty although you can't be forced to work you may be in a position where you have to take it or leave it. Provided you are given notice the employer can change your shifts.
Customer: replied 3 years ago.


ok thankyou for your help

Expert:  taratill replied 3 years ago.
No problem, all the best.

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