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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47376
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I have a written contract of employment that Iam contracted

Customer Question

Hello.I have a written contract of employment that Iam contracted to work 37.5 hours per week.In January of this year in addition to my contract I have agreed to work overtime to cover busy periods,sikness and annual leave.And now my employer changed my contracted hours without my consent with the wording: your normal hours of work are a minimum of 37.5 per week,to be worked over a minimum of 5 days.Is it legall?
Assistant: Thank you. Can you provide any more details to help us find you the right Expert?
Customer: yes of course, what kind of?
Submitted: 11 months ago.
Category: Employment Law
Expert:  Ben Jones replied 11 months ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today. How long have you worked there for?

Customer: replied 11 months ago.
since2011
Expert:  Ben Jones replied 11 months ago.

When were the changes made?

Customer: replied 11 months ago.
I have got a letter dated on June 24,2016 that my employment terms has changed
Customer: replied 11 months ago.
In March of this year I was asked to sign a new statement of main terms without any explanation. I immediatly asked to explain the reasons for the changes but have not received any explanation. I did not get any official letter from employer about proposed change to my employment contract, just was email to my manager in wich indicated a few surnames who should sign new statement of main.
Expert:  Ben Jones replied 11 months ago.

Sorry my connection dropped earlier. 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.

This is your basic legal position. I have more detailed advice for you in terms of the option of constructive dismissal and how it could apply here, 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, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Ben Jones and other Employment Law Specialists are ready to help you
Customer: replied 11 months ago.
can You give me some advices how to write grievance letter to my employer
Expert:  Ben Jones replied 11 months ago.

A grievance letter is simply a complaint in writing – there is no specific way to write one as it will depend on the complaint being made. But you would have to write to your manager and state that you wish to raise a formal grievance and then state the reasons why

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