Changing of working hours - is this allowed under these circumstances?

Going4TheDream

hi

I am wondering if anyone can advise please as to the legal standing of changing working hours under the following circumstances.

My partner works nights, he is contracted to work 47.5hrs a week Monday to Friday

His contract doesn't show state any specific start and finish time and doesn't stipulate any information about breaks, only to say that his working hours will be in line with the working practices at the individual site.

Since he started the job approx 18months ago he has always worked 10pm until 8pm which allows for a 30 minute unpaid break. His colleague has worked these hours for approx 13years.

He and his colleague received an email this morning stating that this has been a 'leniency' that has been allowed however they must now work from 10pm until 08.30am and have one hours break (it is up to them if or when they choose to take this break but they must now be at work this extra 30 minutes). The people who work the day shift all starting at different start times do work 47.5hours but have an hour lunch if this information helps any.

Whilst my partner is a bit annoyed at having to be at work the extra 30 minutes (afterall who wants to be there any longer than you need to be!) it does impact on his colleague who shares a car with his wife who needs to leave for work by 08.30am so finishing work at 08.30 will have an effect on him.

My question is can a company change the hours in this way without any notice/consultation, when they have both worked the same hours for an extended period of time and this has been deemed as their working hours?

thanks

SarEl

Can they change it? They have. Can you stop them - unless you have a strong union, no.

Going4TheDream

SarEl wrote: »

Can they change it? They have. Can you stop them - unless you have a strong union, no.

Thanks, I only queried this as I was of the understanding that if a company wished to change your hours that they would have to give 13 weeks notice after which time if you have worked without querying it then you would have been deemed to have accepted the change?

I take it under their circumstances this does not apply?

SarEl

No. If you refuse the change (which )you can, then they will serve you notice and if you fail to agree the changes you are deemed to have resigned. You can claim unfair dismissal - you will loose. So you can refuse and loose your job; refuse and then agree; and possibly in the latter case, paint a target on your back.

Going4TheDream

SarEl wrote: »

No. If you refuse the change (which )you can, then they will serve you notice and if you fail to agree the changes you are deemed to have resigned. You can claim unfair dismissal - you will loose. So you can refuse and loose your job; refuse and then agree; and possibly in the latter case, paint a target on your back.

Many thanks, it seems that all they are doing is trying to bring all employees in line with the standard working practices at the site, which makes sense.

My partner is not affected by the change as it is only 30mins. if his colleague has issues with this he will have to fight the decision alone if he feels it is the right thing to do, and in this climate would need to choose wisely I feel based on your advice

I appreciate your advice, thanks again, enjoy your evening

SarEl

It is this climate that guarantees he would lose a tribunal - although I think objecting to a change of this nature would always have got short shrift.

But you are welcome.

Evilm

I would suggest to the colleague that the wife drives him to work and takes the car home again and he finds another way home himself.

Going4TheDream

Evilm wrote: »

I would suggest to the colleague that the wife drives him to work and takes the car home again and he finds another way home himself.

To be honest that was exactly my thought when my OH explained what was happening with the change especially when you see/read about people who have to go through major upheaval with big variations etc, this doesn't compare at all.

I think the irony is that my OH tells me that his colleague could actually walk as he lives very close to the place of work!

SarEl

Going4TheDream wrote: »

To be honest that was exactly my thought when my OH explained what was happening with the change especially when you see/read about people who have to go through major upheaval with big variations etc, this doesn't compare at all.

I think the irony is that my OH tells me that his colleague could actually walk as he lives very close to the place of work!

Then his colleague is taking the !!!!!

Going4TheDream

SarEl wrote: »

Then his colleague is taking the !!!!!

My thoughts exactly!

daisyrose

What is the point of employee rights ie Tupe protection if the employer can ignor the rules governing change to contract and terms?