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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 49789
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I work for the nhs. When I started 6 years ago I operated from

Customer Question

I work for the nhs. When I started 6 years ago I operated from one base starting at 9 finishing at 5. When asked to worked elsewhere a few years ago I traveled to that place in work time. Then I returned to work in my original base. They are now saying I have to travel anywhere in the trust area in my own time to start at 9 and finish at 5. I think they have changed my terms and conditions and the change they have proposed has not been negotiated with me or the unions. They set up a custom and practice asking me to travel in work time previously and have not negotiated a change with me since. I have initiated a grievance and am prepared to go to an employment tribunal stating breach of contract. Am I right?
Submitted: 3 years ago.
Category: Employment Law
Expert:  Ben Jones replied 3 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Have you seen an updated contract with these changes?
JACUSTOMER-c2enzm9w- :

No. I have requested this,as advised by my union, but no written account of the trusts response has been provided during a process that has thus far taken them over 6 months - hence the beginning of a formal grievance today - I gave them a final 14 days to provide a contract which expired today.

Ben Jones : Hi sorry i was offline by the time you had replied. It is possible that your terms were changed through custom and practice if you had agreed to do something for a long period of time. So for example if the employer offered you to travel to other bases during working time and you agreed to do so and continued doing so for a prolonged period of time, the employer could argue that this has now become an implied term of your contract due to custom and practice. However such implied terms can be rather difficult to confirm without the involvement of a tribunal because it would depend on many factors which need to be considered and there is no direct way of establishing whether something has been consistent or long enough to amount to an implied term. So whilst you can pursue the matter through a grievance, if that does not work, then your only option is tribunal. The problem there is that you cannot just make a claim for this and the only way to pursue it would be by making a claim for constructive dismissal where you have to resign first. It therefore makes this a risky option because you would be giving up your job to pursue this further. Also your level of compensation would depend on how soon you find a comparable job, which you have a duty to find asap, so if you are lucky to do so soon after leaving, you will only be compensated for the time out if work Between the two jobs which will be rather short. It is therefore a bit of an unknown as ti whether such a claim would be worth it as it really depends on what happens once you leave. Hope this clarifies your position?
Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks