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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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My contract is 36 hours per week - 09.00 - 17.00 the same as

Resolved Question:

My contract is 36 hours per week - 09.00 - 17.00 the same as everyone else however for over 3 years myself and other colleagues have never worked those 09.00 - 17.00 hours. I have been starting work at 07.00 and leaving after 15.00. My Head of department now says I must stay in the office until 16.00 - I am the only one affected by this out of a team of 12. I am told it is my choice to begin work at 07.00 but only now has this been mentioned. Others choose different work patterns however they all finish at 17.00 or 18.00 - no one works and extra hour - where do I stand
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. So that I fully understand your situation please can you tell me why it is difficult for you to adjust your hours?

Customer:

I commute a long way so arrive early to avoid horrendous motorway traffic - I have been doing this since August last year

Customer:

Hi is there a problem with responding?

taratill :

Hi thanks sorry for the delay.

taratill :

Was this agreed to be your permanent hours with a manager or were they just flexible?

Customer:

We have had local agreements ref flexible working - my point is I am expected to stay an extra hour - no one else has to

taratill :

Yes but you are not required to start at 7 presumably, that is your choice?

Customer:

yes - others also start at different times

taratill :

Ok to answer your question through custom and practice you can argue you are contractually entitled to work 7 - 3. If your employer has a business reason to say that it does not want you to work these hours then it may give you notice of a change and terms and conditions requiring you to work core hours.

taratill :

If the employer does so there will be little you can do about it, if you do not want to work the core hours then you can refuse to work them and treat the contracf as termianted by the employer. If you do so you can try to claim unfair dismissal but if the employer has a good arguement for requiring core hours then you will probably not succeed.

taratill :

Your employer should give notice of a change if they try to impose it then it will amount to a unilateral variation of contract and you can raise a girevance.

taratill :

If you have any further questions about this 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:

OK I understand that - Thank you. Very helpful

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience: 15 years experience of advising on employment law matters
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