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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 61682
Experience:  Qualified Employment Solicitor
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I have just received a letter today to inform me that my

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Hi
JA: Hello. How can I help?
Customer: i have just received a letter today to inform me that my current 4 day working week will be cut to 3 days. have worked 9.5 years for the company - what are my rights? what is the correct proceedure for such a change
JA: Was this discussed with a manager or HR? Or with a lawyer?
Customer: no - my boss and the CEO came into the office earlier today to inform us of the changes
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: i am an employee not in a union
JA: Anything else you want the Lawyer to know before I connect you?
Customer: this effects a number of people but not everybody

Hello, I’m Ben, a UK lawyer and will be dealing with your case today. I may also need to ask some questions to determine the legal position.

Customer: replied 9 days ago.
ok
Customer: replied 9 days ago.
no i don't want a call

What reason has your employer provided for wanting to make this change? No problem re the phone call

Customer: replied 9 days ago.
'a downturn in business and trade' to use their words

Thank you. I will get back to you with my answer as soon as I can, which will be at some point today. The system will notify you when this happens. Please do not reply in the meantime as this may unnecessarily delay my response. Many thanks.

Many thanks for your patience. There are occasions when an employer may try and make changes to an employee’s contract of employment. If they wish to do so, there are a few ways, in which they can do it:

· Receive the employee’s consent to the changes.

· Give the employee the required notice to terminate their current contract and re-engage them under a new contract containing the changes.

· Simply force the changes through with no notice or consultation.

 

The following options are available to employees to challenge these actions:

 

1. If the employer forces the changes through, the employee can start working on the new terms, then write to the employer making it clear that this is done ‘under protest’. This means that they do not agree with the changes but feel forced to do it as they have no other option. In the meantime, they should try and resolve the issue by raising a formal grievance with the employer. This is only a short-term solution though as the longer someone works under the terms, even under protest, the more likely it is that they will eventually be deemed to have accepted them.

 

2. If the employer gives notice to terminate the current contract and re-engages the employee under a one, it could potentially amount to unfair dismissal. However, the employer can try and justify their actions if they had a sound business reason for doing so, usually from an urgent financial perspective. If no such reason exists, it is possible to make a claim for unfair dismissal in the employment tribunal, subject to having at least 2 years’ continuous service with that employer. This would be on the grounds that there has technically been a dismissal because the original contract was terminated by the employer.

 

3. If the changes fundamentally impact the contract, for example changes to pay, duties, place of work, etc., it is also possible to resign and claim constructive dismissal. The employee must accept the changes and immediately resign in response to them. A claim is again dependent on the employee having at least 2 years' continuous service with the employer.

 

Does this answer your query?

 

Customer: replied 9 days ago.
The employer is insisting that this is not a change to the contract

Of course it is – your hours and pay are reducing

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can simply reply on here with a quick ‘Yes, thanks’ and I won’t bother you again. Thank you

Customer: replied 8 days ago.
thanks Ben that is all i need for now

All the best

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