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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 59604
Experience:  Qualified Solicitor
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Iv worked in a carehome for 8 years on set shift so we can

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Iv worked in a carehome for 8 years on set shift so we can organise our life around work. That was the reason all the staff came here to work. Now we are told they are changing the shifts to flexible so we will only get to know what we are working for 4 weeks at a time . With only 1 weekend off a month. I put in a appeal on our behalf with 50 signatures from staff. They did not reply apat from a email from HR saying we are confused. We are all women with responsibilities at home and we cannot do these shifts! We was told it’s happening weather we like it or not . Can they do this .?
JA: What confuses you?
Customer: We are not confused at all . Can they just change our contract .
JA: Have you discussed this with a manager or HR? Or with a lawyer?
Customer: We was called to a meeting about 4 weeks ago . We was not told what it was about . At the meeting they said they are changing hour set shifts to flexible hours. They couldn’t tell us much more and staff was very upset. Today we had a meeting and I asked if they are not even going to give notice and a collective consultation. They said the first meeting was your consultation. None of us was aware of that .
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: I am a carer worked there 8 years
JA: Anything else you want the lawyer to know before I connect you?
Customer: At the first meeting there was no minutes taken . Even though company’s policy is too . Staff that are on holiday are coming back just hearing about it . They seem to be rushing this through. We told the we can’t do these flexible hours but it fell on deaf ears. We don’t know what our rights are .

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Does the contract say anything about this?

Customer: replied 3 months ago.
No mine says 3 days on 3 days off . Some newer staff only have the hours on theirs.
Customer: replied 3 months ago.
Have we not got a right to refuse as we cannot do flexible hours ?

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.

Does this answer your query?

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Customer: replied 3 months ago.
thank you

All the best