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UK_Lawyer
UK_Lawyer, Solicitor
Category: Law
Satisfied Customers: 2452
Experience:  I am a qualified solicitor and an expert in UK law.
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I HAVE WORKED IN THE SAME PLACE FOR 25 YEARS ON A FIXED SHIFT

Customer Question

I HAVE WORKED IN THE SAME PLACE FOR 25 YEARS ON A FIXED SHIFT PATTERN.MY EMPLOYER IS NOW ASKING ME TO CHANGE MY SHIFTS AND WORK VARYING HOURS.HE SAYS IF I REFUSE I CAN LOOK FOR ANOTHER JOB.I WORK 32 HOURS PER WEEK AND HAVE NO CONTRACT OF EMPLOYMENT.iN THE PAST 6 MONTHS THIS MANAGER HAS FORCED EVERYONE ELSE TO LEAVE BY SIMILAR METHODS AND I KNOW HE WANTS TO GET RID OF ME.PRESENT OWNERS HAVE OWNED THE BUSINESS FOR 3 YEARS
Submitted: 3 years ago.
Category: Law
Expert:  UK_Lawyer replied 3 years ago.

Thank you for your question.

 

Why have you not been given a contract of employment?Has it been 25 years?

What are the reasons for change of the shift pattern?

 

Kind regards

Customer: replied 3 years ago.

The job in question is in a small village pub.There have been 3 or 4 owners in my time and no one ever gave me one.Always been owned by couples on a tenancy basis.Now leased by a small pub chain who seem to be getting rid of all people who worked for previous owners.Current manager justs wants to change shift patterns regularly,he puts a wekly rota up for most workers on a Monday night for the weekly work pattern starting on a Wednesday.This would not suit me as I have family commitments.I am the oldest person working there and believe he is hopinfg I will leave in order to replace me with a younger worker.I am 55

Expert:  UK_Lawyer replied 3 years ago.

Thank you for your reply.

 

Have you always worked on a shift pattern?

Or was it a fixed?

 

Kind regards

Customer: replied 3 years ago.


Have worked the same shifts for past 10 years or so,all evenings except Saturday all day and now he wants me to work all days and a sunday night which I have never ever worked Sundays

Expert:  UK_Lawyer replied 3 years ago.

Thank you for your reply.

 

Employers can rely on a flexibility clause, even if it makes changes that are detrimental to the interests of the employee. However, tribunals will use the existence of implied obligations in the employment contract to restrict the way in which a flexibility clause can be operated.

 

The leading case is United Bank v Akhtar [1989] IRLR 507.

 

The employer should give reasonable notice of any move, notwithstanding the scope of the mobility clause.

  • The employer would not exercise its discretion to provide relocation expenses in a way which made the employee's performance of his obligations under the employment contract impossible.
  • The employer would not act in such a way so as to damage the relationship of trust and confidence which exists between employer and employee.

If the change in shifts is breaching the duty of trust and confidence then they should not act in such a way and allow you to continue working as you are.

 

You should definatley ask your employer for a written contract. The employer should have issued you with a contract at the beginning of your employment. You are able to sue your employer for not providing you with a contract of employment.

 

First I would suggest you ask for a writted contract if non is given then your employment. If there is a dispute the court will decide what the actual terms are by looking at all the other documents and evidence. The terms will then usually be what is in the employee's "statement" given to them by the employer.

 

Other sources of terms that a court may say are part of the contract are as follows:

 

a) The letter the employer sent offering the job (if one was sent). These letters often contain important information about the terms if the job is accepted.

 

b) Terms agreed between the employer and any Trade Union that represents the workforce. This includes local and national agreements made between employers and Trade Unions.

 

c) Any terms stated in an advertisement for the job.

 

d) The employer's works rules and staff handbook, this includes rules placed on the staff noticeboard by the employer.

 

e) Spoken agreements between the employer and all the employees or individual employees

 

If you belive that the shifts given in your oral contract are the ones which you have been doing for the past 10 year or more then your employer is not able to change your contract without your agreement.

 

I hope this answers your question, if so kindly rate my answer positively so I can get credited for my time.

 

Kind regards

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