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change in contract

my employer has agreed with my trade union ( without my knowledge) a change in my attendance patterns which would include weekend and late finishes, all info from the union states the changes are [FONT=&quot]voluntarly, i have been sent a few patterns to chose from but none are acceptable to me.
i spoke to my manager and stated i dont to want to change to any of the new patterns.
yesterday i received an email of headed paper stating that on 15th of june my existing shift will change to a new pattern which could be any one of the offered pattern (so much for voluntary)
the letter didnt state which one i would be put into or the start times from that date.
my question is can my hours be changed without me agreement (but the agreement of my union)
what can i do as i dont want to change my hour or leave my job.
also can this letter state my hours will change from this date but not tell me what the new ones are legally..
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Comments

  • andy1c
    andy1c Posts: 39 Forumite
    edited 8 May 2010 at 4:42PM
    jdturk thanks for that info

    so its ok to change my hours but not tell me what the new ones are?

    all i have received is 1 months notice that they will be changing.

    yes the reason they are giving in business needs, but the shifts cover 24hrs .

    real reason is to cut jobs
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    andy1c wrote: »

    so its ok to change my hours but not tell me what the new ones are?
    You have been told what the options are, so you have some idea.

    Are you a member of the union?

    What hours are they changing you from?
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    You need to take this up with the union.

    Such an important change should have gone to members and those affected for consultation/agreement.
  • andy1c
    andy1c Posts: 39 Forumite
    You need to take this up with the union.

    Such an important change should have gone to members and those affected for consultation/agreement.


    i agree totally , no info was given to or the others the change effects until the union had agreed the changed.

    as for the hours at present m-f 8.00 to 16.30 with 1 hr lunch

    the new patterns vary the start time from 730 to 1045, the latest finish time is 19.30,
    i have to now work 1 sat in 4, but if im given 2 weeks notice not to work the sat , i have to work one of my off shift day instead and the employer can chose which one

    also the hours can be change again after 3 months

    so thats why im not happy

    i just reading the acas leaflet about writing to my company and stating i dont agree to the changes but will work them under protest ,

    my worry is my employer may sack me for breach of contract ( ie rocking their boat).for not agreeing the change, also as my union has agreed to them i dont expect any support from them
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Get on the unions case and get a meeting

    You need to get new officials elected.
  • andy1c
    andy1c Posts: 39 Forumite
    Get on the unions case and get a meeting

    You need to get new officials elected.

    yes i agree, but what can you do when my branch didnt attend meeting, the agreement was at a regional level.

    the nec hq was happy for this is be done.

    if i contact the hq , i will only get " nothing to do with me gov" reply.
  • DVardysShadow
    DVardysShadow Posts: 18,949 Forumite
    Basically, you need to stop thinking of this as your issues and find out whether others share your doubts. If they do, then go to the branch meeting and put a motion calling for a workplace referendum [if you think people will oppose the changes] and censure the part of the union which did this without consultation. Getting a motion carried at the branch meeting should be relatively straightforward, apart from the branch officers saying it can't be done, don't let that deter you.

    Just getting the motion carried should send a message. Next, your referendum. OK, it may carry no weight, but normally the union will act to deal with the issue - officials will not like to remain exposed in a position where they are at variance with the members.
    Hi, we’ve had to remove your signature. If you’re not sure why please read the forum rules or email the forum team if you’re still unsure - MSE ForumTeam
  • ceridwen
    ceridwen Posts: 11,547 Forumite
    10,000 Posts Combo Breaker
    Get on the unions case and get a meeting

    You need to get new officials elected.

    Well - I'm a strong advocate of belonging to unions. BUT - having seen how your union stitched you all up behind your backs - I would be resigning from it and joining another one on the spot.

    Its a HUGE change to go from normal workhours on Monday-Friday only to having some antisocial hours and some weekend days "thrown into the mix".:eek:.

    So - I would certainly be having VERY strong words indeed with my (ex) Union reps in your position AND checking out just how likely a Tribunal are to back up your employer (in view of those awful Union reps) AND looking for another job anyway.

    Good luck.
  • ceridwen
    ceridwen Posts: 11,547 Forumite
    10,000 Posts Combo Breaker
    edited 9 May 2010 at 6:08PM
    Basically, you need to stop thinking of this as your issues and find out whether others share your doubts. If they do, then go to the branch meeting and put a motion calling for a workplace referendum [if you think people will oppose the changes] and censure the part of the union which did this without consultation. Getting a motion carried at the branch meeting should be relatively straightforward, apart from the branch officers saying it can't be done, don't let that deter you.

    Just getting the motion carried should send a message. Next, your referendum. OK, it may carry no weight, but normally the union will act to deal with the issue - officials will not like to remain exposed in a position where they are at variance with the members.

    That sounds like a good plan of action for dealing with those Union officials. What on earth made them think they had the right to agree such a major change of your conditions behind the backs of the lot of you (not just yourself)?

    Whatever happens - I think you personally need to put in an official grievance to management and remind them that they said it was "voluntary". I simply cant see how they can order you to change your work pattern so drastically - when they have stated its "voluntary". You certainly need clarification on that. Is it "voluntary" to decide which new work pattern is the "lesser of all evils" or voluntary to swop work pattern from your normal one in the first place?

    If clarification reveals that the "voluntary" applies to swopping work pattern in the first place - then we would all have different ways to approach that. You could just carry right on coming to work at the normal times (having given them a letter stating that you have decided not to "volunteer" to change to any of the proposed work patterns) and they then have 2 choices:
    1. accept it
    or
    2. sack you (in which case you bring a claim against them for unfair dismissal - on the grounds that they said it was voluntary and you didnt volunteer - therefore the status quo prevailed).
  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    Don't forget that until signed, the new contract will not be in force.
    To make it legally enforceable without signing requires 3 months notice. My now-former employers found this out when they decided to re-introduce a 2 week summer shutdown, then realised that out of 80 shopfloor employees, 72 had contracts without the shutdown clause in.
    Never Knowingly Understood.

    Member #1 of £1,000 challenge - £13.74/ £1000 (that's 1.374%)

    3-6 month EF £0/£3600 (that's 0 days worth)

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