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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 62673
Experience:  Qualified Employment Solicitor
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I have worked for a school for almost 25 years and have

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Good afternoon
JA: Hi. How can I help?
Customer: Good afternoon. I have worked for a school for almost 25 years and have finished work whenever term time or exeat weeknds finished for the children and I have this in writing to say that is what I am allowed to do.They are now saying thatt this can no longer happen and I must work until 5.30 every day and i must sign a new contract agreeing to this. Are they allowed to fo this
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: ~The Hr manager and my line manager are both saying that this has to be agreed to
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
JA: Anything else you want the Lawyer to know before I connect you?
Customer: They are also saying that we will no longer get paid time and a half if we work Saturdays and double time on Sundays. We are not contracted to do these days but do them as a favor

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.

Does your current contract detail your existing arrangement?

Customer: replied 18 days ago.
Some of it yes

Thank you. 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.

 

Finally, it is also worth mentioning that sometimes employment contracts may try to give the employer a general right to make changes to an employee’s contract. As such clauses give the employer the unreserved right to change any term, nothing but the clearest language will be sufficient to enforce such a right. Any attempt to rely on such clauses will also be subject to the requirement of the employer to act fairly and reasonably and be able to show that it was necessary to apply the required changes and that there was no other way to resolve the situation.

 

Does this answer your query?

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 17 days ago.
Yes

All the best

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