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.
  • Go back-and-forth until satisfied
    Rate the answer you receive.
Ask Ed Turner Your Own Question
Ed Turner
Ed Turner,
Category: Employment Law
Satisfied Customers: 652
Experience:  Director and Consultant Solicitor (Self-Employed) at Ed Turner LLB Limited
107013918
Type Your Employment Law Question Here...
Ed Turner is online now

I have been with my employer for 10 months, permanent full

This answer was rated:

I have been with my employer for 10 months, permanent full time contract. My contract states that I am required to work on a rotation to cover operational hours of hours 8-6 (7.5 hour day) Within days of starting work the then manager asked if I would change my hours to those where I worked previously, so I have been working 7-3.30 since.
There is now a new manager who says that there is a ‘risk’ to the department (IT related) if I do not work on a rotation basis to cover operational hours with someone who does the same role.
I have argued that despite there being no formal agreement, I have worked in this way for a long time with their permission an that my hours are now custom and practice.
My employer has countered this by saying that whilst they agree, I have under 2 years service and therefore no employment rights and that they will make me redundant if I refuse to comply and issue me with my notice.
Is this right?

Hello. I am Ed, a Solicitor qualified in England & Wales with over a decade’s experience in the legal profession advising clients.

 

I specialise in Commercial Contracts, Business Transactions, Employment, Dispute Resolution, Personal Injury and Road Traffic Law and will be able to resolve your legal problem today.

 

Regarding the site’s automatic offer of a Premium Service Phone Call, I shall be delighted to talk with you by phone to discuss your issue in greater detail if you accept the offer. However, if you do not want a phone call, please cancel the offer for a Premium Service Phone Call and you will not be charged extra.

Unfortunately, you have fewer than the two years minimum continuous service with your employer to qualify to bring an Unfair Dismissal or Statutory Redundancy Claim against your employers.

 

Therefore, you are limited to a claim for Wrongful Dismissal which is essentially a claim for breach of contract for your contractual notice pay and accrued benefits net of PAYE Income Tax and National Insurance.

 

Your employer does not need to follow a fair investigation, disciplinary or redundancy selection process before deciding to dismiss you. If they pay you your contractual entitlements, you will not have lost anything and therefore will have no further claims against them.

 

You may bring this claim in the Regional Employment Tribunal if damages do not exceed £25,000, or in the civil County Courts which do not have a cap on the damages value that parties can claim.

 

While I appreciate that your employer is treating you poorly, they are at least acting lawfully in threatening you with redundancy if you do not accept their new work hours.

I am sorry that I do not have better news for you, but I must be as honest as possible with you in order to act in your best interests.

 

I hope this resolves your enquiry. Please revert to me if you have any further questions and I will be delighted to assist.

 

Otherwise, I shall be grateful if you will please mark your enquiry as “Closed” and give me a “Positive” rating in order to conclude this matter.

 

Kind regards

 

LawyerEd

Ed Turner and 2 other Employment Law Specialists are ready to help you