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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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After being employed by the same company (the co operative)

Resolved Question:

After being employed by the same company (the co operative) for 24 years they now want me to work every second Saturday. I have been told that as I work 30 Hours per week this has to be done. Two others were asked the same but one had to resign due to family commitments the other has resigned. Other employees work less hours but they have not been asked to work weekends. Can they do this?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. What business reason have you been given for this?

Customer: For the needs of the company but as I said it was only the ones who worked 30 hours or over.
taratill :

Have they detailed what those needs are and why those on less hours are not required to work weekends?

Customer: they say we are over staffed at certain times through the week but as I start at 5.45am we are not over staffed why the others have not been asked I do not know.
taratill :

Have you asked?

Customer: No
taratill :

Ok have you actually been given notice of a change of terms and conditions to require you to work Saturdays?

Customer: Yes
taratill :

When does the notice period end?

Customer: I have not signed anything. 8/9/14 The reason they gave me was that my flexibility was not suited to the needs of the company. The per who has resigned was given 12 weeks to make up her mind.
taratill :

Ok so were you given 12 weeks notice on the 8th September or did the notice end on that date?

Customer: I myself have not been given notice but I had to reply by 8/9/14 which I have not said anything either way as the manager is on holiday
taratill :

Ok thanks one final question before I respond in full are you a more mature employee having worked there for 24 years ?

Customer: Yes I am 59.
taratill :

Ok thanks. I would suggest that you raise a grievance that what they are asking you to do amounts to a variation in terms and conditions and that you do not agree to the variation on the basis that it is unfair for you to be asked to work weekends when you have not been required to work them for the last 24 years and that it is unfair that you have been asked to do these hours when others who work less hours have not been asked to do so. You should state that furthermore the fact that it has been stated that you are not flexible enough could be deemed to amount to age discrimination contrary to the Equality Act 2010. You should state that if this change is forced without notice given (which should be 12 weeks) it would amount to a unilateral variation of contract which is unlawful and that even if correct notice is given you will not be able to work and will consider claiming unfair dismissal and age discrimination. Hopefully this will lead the employer to see sense.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer: Thank you so much for your help
taratill :

No problem, I hope your employer will reconsider. Please remember to rate my answer and do come back to me in the future if you need to.

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