working problems with family

RibenaBerry_2

Sorry, I misunderstood what had happened.

I agree that it sounds like what they have done is in breach of his contract. The problem is that, if he refuses to do the new hours, they could simply dismiss him. Normally, an employee who was fired for refusing a change in contractual hours could probably claim unfair dismissal, but unfortunately your husband does not have enough service to do that. He needs a year.

You are right that working under a new contract can be taken as accepting it if you don't complain. However, if your husband is currently not turning up for work at either his old hours or his 'new' ones (is that right?), he risks being disciplined for being absent without authority. I really think that you need some advice from the CAB, quickly, about what they recommend that he does. Perhaps he could go to work, but make it clear that it is under protest...

silkysmooth69

hehas not turned up at all for his old hours or his new hours as they have told him basiclly he has to do the new hours and the kitchen will be over staffed we are going to phone acas and citezens advice as the new hours thing has only just come about and he had a verbal contract he has phoned the company today and asked to see her and she just got funny with him and said im busy come in tommorow and well chat then

i willl keep you all posted

silkysmooth69

What if you and your employer don't agree?What your employer can do
If you don't agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure.

Read about the statutory dismissal and disciplinary procedures (opens new window)
More about notice and notice pay
If you accept the new contract (or carry on working after the end of the notice period) the new terms will apply to you. You'll have continuity of employment.

If you don't accept the new contract - or if you've accepted the new one but feel there was no good reason for ending the old one - you have the right to make an unfair dismissal claim provided you've at least one year's continuous service with your employer. You may also be able to claim redundancy if you have at least two years service.

If there is a sound business reason for the change, and your employer has properly consulted you and looked into any alternatives, you could find it difficult to win your claim.
I FOUND THIS

silkysmooth69

he has spoke to her a few times stating he is not happy and wants his normal hours back as he has small children they also have a letter from his old empolyer stating he handed his notice in for daytime hours and he has a family. as he was doing evenings before he took on this job

so they should know that

silkysmooth69

What you can do
Your employer isn't entitled to simply bring in any change they wish. If your employer tries to make a change that you don't agree with (for example trying to demote you or cut your pay), tell them immediately. Put your objections in writing, asking for reasons for the change and explaining why you don't agree.

If you carry on working without taking action it may count as acceptance of the new terms (even if you haven't signed anything), so you'll need to make your objections clear.

If you start to work under the new terms, make it clear that you're working under protest and are treating the change as a breach of contract. Try to sort out the problem directly with your employer.

silkysmooth69

just to let u know he aint got a leg to stand on as he been there 9 months

silkysmooth69

theyve just phoned up saying he can go back to normal hours

regularsaver1

Astaroth wrote:

You got is all wrong mate, unions represent their own interests not the workers

I would be surprised if he doesnt have a contract if he works for a large company... in the contract it should state things such as hours and notice required to change the contract... many contracts I have seen recently however now give the operational hours for the business and say that you will work X hours within these as per business requirements (ie giving them maximum flexibility).

ACAS are a good service for information... they can be a little divorced from reality though as implementing some of their advice in the real world is not going to do your career any good at all with your current employers.

Yeah on my contract it says I can work between 8-8, but we only open 9-5.

The union i belong to is more interested in us that the company

regularsaver1

silkysmooth69 wrote:

theyve just phoned up saying he can go back to normal hours

Thats good

I suppose he would of loss pay for not turning up at all before?

Glad

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