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: 50201
Experience:  Qualified Employment Solicitor
Type Your Employment Law Question Here...
Ben Jones is online now

A gentleman who joined us in Jan 2009 as an envoy in

This answer was rated:

A gentleman who joined us in Jan 2009 as an envoy in Southampton was retained during a redundancy process is September 2012 however the lease ran out on the Southampton premises and was no longer fit for purpose. New premises were purchases in 2012 and most if not all of the staff retained their jobs. We currently have a small issue with one of the envoys who from his home in Southampton to the work location in Hook has to travel 37 aprox miles in total to get to work. Looking through his file he was retained as apart of the redundancy process in 2012. His revised contract states:-
* He is based from home (he collects goods on an afternoon from the Hook branch to take back home with him in the van and then delivers them to customers the next morning on his way back through from Southampton)
We have vans fitted with trackers and reports are showing that 9 times out of 10 he his homes most afternoons by 2.30/3pm. We appreciate that he leaves home at 6.30am approx. each day but he is using this as his start time and reason for getting home when he does. This is not entirely his fault as the Manager really need to address the route plans to make sure the Envoys routes are the most cost effect and efficient for the business. If we wanted to change his place of work back to the branch location am I write in saying that we need to consult with him and provide him with sufficient notice ? i.e. 7 weeks according to his contract

Hello, my name is***** am a qualified lawyer and it is my pleasure to assist you with your question today.

Do you think he will challenge these changes?

I am just due in a meeting and will reply fully later this morning, thanks

Customer: replied 1 year ago.

Much appreciated.

Thank you 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.

So in the circumstances you can consult with him first and explain the reasons for the proposed changes and try to get his consent. If he does not consent then you will have to consider issuing him with notice of termination of his current contract and re-issuing him with a new contract at the end of this period incorporating the changes. Whilst this will technically be a dismissal and he could consider making a claim for unfair dismissal, if there were sound business reasons for doing so then you could defend it.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating (3, 4 or 5 stars) as that is an important part of our process and recognises the time I have spent assisting you. 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

Ben Jones and other Employment Law Specialists are ready to help you

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a second to leave a positive rating by selecting 3, 4 or 5 starts from the top of the page. The question will not close and I can continue with my advice as discussed. Thank you

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.