How JustAnswer Works:
  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.
Ask Ben Jones Your Own Question
Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48162
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
29905560
Type Your Employment Law Question Here...
Ben Jones is online now

I have a employment contract hours a week in the

Customer Question

I have a employment contract for 39 hours a week in the contract it says I have to work 3 Sundays out of 4 Sunday. But for the lasted 7 year I have worked the same hours every week all Sundays bank holidays
now my employer is talking about changing the hour can he do this .
I work Monday ,Wednesday 11.00 in the morning to 6.30 in the evening.
Thursday, Friday, Saturday 10.00 clock to 7.00 clock in the evening.
Sunday 10.00 to 5.00 evening I have being done these these same hour for over 7 years .
I don't have this in writing but can my employer just change them .
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.
Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today. Why do they want to make these changes?
Customer: replied 1 year ago.
I worked for my employer for over 15 year there is staff there before 1999 they have defend contact to me l thing it because they thing can it's a power thing they never say ed ane thing for the lasted 7 years
Customer: replied 1 year ago.
Ane one there
Customer: replied 1 year ago.
What's happening
Expert:  Ben Jones replied 1 year ago.
I am here but I do need to type up my response
Expert:  Ben Jones replied 1 year ago.
There is a principle in employment law where terms may become implied into an employment contract by ‘custom and practice’. This makes them contractually binding even if they are not written down anywhere. This area of law is rather complex and it is usually only down to the courts to establish with certainty if something had become an implied term. Nevertheless, it does not prevent employees from directly raising this argument with their employers. The basic requirement for implying terms is the presumed intention of the parties, in other words - did the employer and employee intend for the terms in question to be treated as contractual. In general, a practice would need to have been clearly communicated and consistently applied for a substantial period of time before it can be considered an implied contractual term. Therefore, something that is uncertain, not communicated properly, not been applied consistently or has just been around for a few months is unlikely to qualify. Case law has suggested that the following are important factors when considering whether a term has become implied in a contract:· On how many occasions, and over how long a period, the terms in question have been applied - the more times they have been applied and the longer the period over which this has occurred, the stronger the argument they had become implied into the contract· Whether the terms are always the same - large differences will make the argument they had become implied weaker· The extent to which the terms are publicised generally - there must be widespread knowledge and understanding amongst the workforce that such terms were being applied You may tell the employer that you believe the term or practice you are relying on has been implied into the contract through 'custom and practice' and that changing them would amount to a change to your contract of employment. This is your basic legal position. I have more detailed advice for you in terms of the rights you have should an employer want to change your contractual terms, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, leaving a rating will not close the question and we can continue this discussion. Thank you
Customer: replied 1 year ago.
My employer will tell me that it's not in writing but it was ok for the lasted 7 years
Expert:  Ben Jones replied 1 year ago.
It does not matter if it is in writing or not, as mentioned above there are legal principles which make certain practices contractual even if they are not in writing
Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
When my employer closed the old shop and moved us to a new shop we were to keep or terms and conditions the see hour go back before we transfer to the new shop the union was there and now the employer want me to work later t suit they after 7 year
Expert:  Ben Jones replied 1 year ago.
As mentioned you would argue that the employer is trying to change your contract of employment. There are a few ways in which an employer may try and make changes to an employee’s contract of employment. These are by:{C}· Receiving the employee’s express consent to the changes.{C}· Forcefully introducing the changes (called 'unilateral change of contract').{C}· 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.
Customer: replied 1 year ago.
So what you are saying is legal they're wrong and can't change the hours that I have been working for the lasted 7 years is this right
Expert:  Ben Jones replied 1 year ago.
there is no definitive answer because it is not in black and white in law but there is the principle of custom and practice which you can use to argue your point - in the end only a tribunal can decide if this has become a contractual term or not
Customer: replied 1 year ago.
Thanks for your help I will contact you if I need more help
Expert:  Ben Jones replied 1 year ago.
You are welcome all the best