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Ross Miller
Ross Miller,
Category: Employment Law
Satisfied Customers: 2226
Experience:  Director (Litigation and Mediation) at Hilltop Solutions
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I HAVE be informed that my employer is changing my shift

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I HAVE be informed that my employer is changing my shift pattern from straight 3 on 3 off to 2 on 2off 2on 2off 3on 3off 2 on 2off ect ect with no consultation with any employee it is affecting can they do this with no written notice or consultation please
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: im trying to find out what i
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: iam an employee that has been told my shift patter is changing as stated above just wondering where we stand before i go to hr with a grievience
JA: Anything else you want the Lawyer to know before I connect you?
Customer: can they just do that with no consultation as we have be on this shift patter for over 15 years

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Thank you

Thank you for your enquiry. So this is what we refer to as a unilateral alteration of contract and it is not technically enforceable. If an employer wants to change your contract they have to give specific notice etc. However, the general rule is that they cannot just change your contract. One way they can get round this is either by collective agreement (where a majority agrees to the change) or they can terminate your contract and offer you a new one. However, the danger with this is that if they terminate you then you could bring a claim for unfair dismissal. If they change your contract and you leave then you could bring a claim for unfair dismissal (as long as you have worked there for more than 24 months). However that is much further down the line.

What you need to do is initiate the workplace grievance process. You will want to present all your evidence and points you wish to make at the grievance interview. If you get a response from them that they don't agree with you they will have to tell you why. You then will have to appeal this outcome and can then explain why you don't agree with their findings. If you then still do not obtain the resolution you want, but feel it is wrong. At that point you will have to raise early conciliation with Acas. You can do so here; https://ec.acas.org.uk. The conciliators at Acas will contact your employer and indicate to them that you have started the conciliation process. Acas will mediate the issue and see if they can help resolve the matter. If they cannot resolve the matter then they will close conciliation and issue you with a EC Certificate. This is the first step in the legal process and once the EC Certificate has been issued you can make an application to the employment tribunal if you wish to do so. Please be advised that there is a very strict time to make an application to the Employment Tribunal which is 3 month minus one day from the date the issue arose. Do also note that this time limit gets put on "pause" while you are going through the Early Conciliation process.

I hope this information has helped. You can find a local solicitor who deals with this on the law society webpage which is;

https://solicitors.lawsociety.org.uk/

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Many Thanks

Ross

Ross Miller and 2 other Employment Law Specialists are ready to help you
Customer: replied 5 days ago.
does my employer have to give me written notice if so how much notice