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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48190
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben, my husband has been working day shifts last

Resolved Question:

Hi Ben, my husband has been working day shifts for the last 10 years. His employer has now said he will be going on a permanent 2pm till 10pm shift. Can they do this?
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Hello, my name is***** am a solicitor on this site and it is my pleasure to assist you with your question today.do you know what his contract of employment states about his working hours please.
Customer: replied 2 years ago.

He does not have a copy of his contract, I have suggested he asks HR for a copy tomorrow

Expert:  Ben Jones replied 2 years ago.
OK but has he been working different shifts for the last ten years please.
Customer: replied 2 years ago.

No he has only ever worked day shifts

Expert:  Ben Jones replied 2 years ago.
OK please leave this with me I have a early evening meeting. I will get my advice ready for you and will get back to you later this evening.
regards
Ben.
Customer: replied 2 years ago.

Ok Thank You

Could you confirm that this advice will only cost £26 and that I do not need to sign up for a subscription

Expert:  Ben Jones replied 2 years ago.
Thank you I will get back ASAP.
Expert:  Ben Jones replied 2 years ago.
Hi there, many thanks for your patience. 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.
If the changes are introduced without the employee's consent, then the following options are available:
1. Start working on the new terms but making it clear in writing that you are working ‘under protest’. This means that you do not agree with the changes but feel forced to do so. In the meantime you should try and resolve the issue either by informal discussions or by raising a formal grievance.
2. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., you may wish to consider resigning and claiming constructive dismissal. The resignation must be done without unreasonable delay so as not to give the impression that the changes had been accepted. The claim must be submitted in an employment tribunal within 3 months of resigning and is subject to you having at least 2 years' continuous service. You would then seek compensation for loss of earnings resulting from the employer's actions.
3. If the employment is terminated and the employer offers re-engagement on the new terms that could potentially amount to unfair dismissal. However, the employer can try and justify the dismissal and the changes if they had a sound business reason for doing so. This could be pressing business needs requiring drastic changes for the company to survive. If no such reason exists, you can make a claim for unfair dismissal in an employment tribunal. The same time limit of 3 months to claim and the requirement to have 2 years' continuous would apply.
Finally, I can confirm that this should only be a one off charge and there is no need to subscribe if you do not want to ask any other separate questions.
I trust this has answered your query. I would be grateful if you could please take a second to leave a positive rating (selecting 3, 4 or 5 starts at the top of the page). If for any reason you are unhappy with my response or if you need me to clarify anything before you go - please get back to me on here and I will assist further as best as I can. Thank you
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