Forced change of working hours.

Dans_Girl

My partner works at a well- known hardware retailer.
A new department manager has taken over and has issued staff within this department new rotas- including working every Saturday and alternate sundays.
**At this point no other staff within the store have been affected.

Current contract is 5 days out of 7 and to work every other weekend.

The staff have been issued an ill-worded letter with a form attached that they 'must sign' saying that they agree to 'work flexbile hours including every Saturday and alternate Sundays'

To me this doesn't sound very flexible!

In the letter it states that if they do not agree to this new pattern then their current contract will be terminated and they will be immediately re-employed on a new contract with no loss of service.


I'm trying to do a bit of research and have come across the workers statutory rights that say an employer can only change your contract terms if you agree.
Would they be able to sack an employee because they wouldn't agree to change a contract? Shouldn't there be a formal process?

Any advice would help.

Thanks

SarEl

There is a formal process - they are using it! They are offering you a change in contract for your agreement - if you refuse they are entitled to enforce it in the way they describe and you are deemed to have resigned if you continue to refuse. THat means you are not dismissed. You can try to claim constructive unfair dismissal - your chances of winning are slim to nil in the best of circumstances, and in the ones you describe - closer to nil. Sorry, but you have few options. Or to be more precise, none if you want to stay in employment. In this day, the chances of a tribunal ruling this unfair is almost as likely as me winning the lottery. And I don't actually buy tickets!

Dans_Girl

We thought this might be the case but it doesn't seem to have been explained in laymans terms to the staff yet. I think that there are some consultations planned this week.
Thank you for your reply.

Hammyman

I don't even know why they are going through the process SarEl as there is nothing being changed. The current contract before the change was "5 days out of 7" and it doesn't state specific days so this can mean that they could choose any 5 days out of a week and don't even have to keep it the same days one week to another. They could just decide that for the next 4 weeks you're doing Wednesday to Sunday and it is covered by the contract. The current contract doesn't prevent them from doing what the manager wants to so it baffles me why they're going through this process.

apples1

I would think the old contract allowed them the right to opt out of Sunday working whereas perhaps the new one states that they are specifically required for Sundays to be one of the days worked? Just a thought...

Savvy_Sue

They could call the new manager's bluff and collectively refuse to sign the new contract.

And collectively check with central HR if this was meant to be happening.

But each one alone - brave to question it!

Hammyman

Savvy_Sue wrote: »

They could call the new manager's bluff and collectively refuse to sign the new contract.

Then they could be made redundant or the employer finally wake up to the fact that the existing contract already allows them to do what they wanted to.

Savvy_Sue

Hammyman wrote: »

Then they could be made redundant or the employer finally wake up to the fact that the existing contract already allows them to do what they wanted to.

Oh true enough, my point really was that if it's just one of them questioning it, they're taking a bigger risk than if they stand united, as it were.

After all, losing one person from that section of the shop staff must happen all the time. Losing the whole team at once might be more problematic.

SarEl

Savvy_Sue wrote: »

Oh true enough, my point really was that if it's just one of them questioning it, they're taking a bigger risk than if they stand united, as it were.

After all, losing one person from that section of the shop staff must happen all the time. Losing the whole team at once might be more problematic.

Whilst I agree in principle, my experience is that unfortunately there is never a question of losing a whole team. Someone cracks, then someone else, and eventually the only one left is the "ringleader" - who usually then finds themsleves without employment! If you are going to do something "collective", I'd suggest joining a union so that you are better protected! It isn't a magic wand and it can't stop everything - but it can help, and at least make sure that what is being done is lawful.