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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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Back in July I accrued some lieu hours with my employer when

Customer Question

Back in July I accrued some lieu hours with my employer when I was working more than my normal 9-5 Monday to Friday contractual hours, all of the hours where approved at the time however as of the 1st September I have been placed on an all hours worked contract and been advised that the lieu hours I accrued back in July on my old contractual hours are no longer valid and have been cancelled. Please could you advise if my employer is allowed to 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. How long have you worked there for?

Customer:

Hi Jenny,

Customer:

Many thanks, ***** ***** worked for the organisation since March 2007 on a 9-5 contract Monday to Friday and then as of the 1st September this year I was put onto an all hours contract without prior warning (1st thing I knew was when I received an updated contract in the post on the 27th August).

taratill :

Hi so prior to being put on this contract you would have been able to have taken your lieu time?

Customer:

Hi Jenny,

Customer:

Hi Jenny yes that's correct

taratill :

What your employer is doing is unlawful. An employer cannot unilaterally vary your terms to your detriment. You should send a grievance to say that unless your employer allows you to take your time off in lieu you will consider submitting a claim in the tribunal.

taratill :

An employer can only change terms with notice and consultation. It is clearly unreasonable for your employer to do this.

taratill :

You should have been given at least 7 weeks notice of the change which would have given you an opportunity to take the time you were owed.

taratill :

If you have any further questions please 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 bes.t

Customer:

Thank you Jenny.

taratill :

No problem, please do remember to rate my answer and do come back to me in the future if you need to.

Customer:

Would I be able to request that my new contract is back dated to the beginning of July so instead of obtaining the lieu hours accrued I would be financially reimbursed as part of my new contract with being on an all hours contract?

taratill :

Hi you can suggest this as an option but legally you are only entitled to your enittilement under your original contract so if that would be for time off then your employer may insist on that.

taratill and other Employment Law Specialists are ready to help you
Customer: replied 3 years ago.
Hi Jenny,

Just to let you know I have gone back to my HR department and line manager who have said for the extra work I did back in July I should have done for the love of the job and be greatful I had and have a job as at the time all this was happening was when they was residencies taking place in the organisation so they're in wiling to honour the lieu time I accrued back in July. I am considering taking it to tribunal but got the impression that if I did I would loose my job so just looking into all aspects at the moment how best to proceed.