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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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changing factory workers terms of employment

Resolved Question:

changing factory workers terms of employment
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Can you please explain your situation in a bit more detail
Customer:

I have 6 staff on 12hour shifts 3 days a week covering mon, tues, wed, and another covering thurs, fri, and sat.

Customer:

Inow want to chang that to

Customer:

5day early and late shifts

Ben Jones :

How long have they each worked there for?

Customer:

Along time they are permanent staff for many years, only on these shift for about 5 years

Ben Jones :

There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:



  • Receiving the employee’s express consent to the changes.

  • Forcefully introducing the changes (called 'unilateral change of contract').

  • Giving the employee notice to terminate their current contract and then offer them immediate re-engagement under a new contract that contains the new terms.


So initially you should start a consultation process with the employees and explain the proposed changes, the reasons behind them and hope that you gain their consent to introduce the changes. If they agree to it then you will have to issue them with an amended contract incorporating the changes and get them to sign it.

If no agreement can be reached you will be looking at terminating their current contracts and issuing them with new contracts which contain the changes. To do so you must give the employees their contractual notice periods to end their current employment and this must be at least a week for every year they have worked there for, up to a maximum of 12.

Once the notice has expired and their employment terminates you will be issuing them with the new contracts. There is a risk they may try and claim for unfair dismissal but if you can show that there was a valid business need for the changes then such claims can be defended. Hopefully they will be put off from claiming due to the high fees that must be paid to do so.

Hope this clarifies your position? If you could please let me know that would be great, thank you

Customer:

Yes that is very good. will now rate it as such.

Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 46144
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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