Trying to change my hours

reynardthe

I've been working on a sub contract in a large factory for the past 8 years doing the same job
and same hours all that time (25 hrs p/w 7am-12pm)
Recently the firm I work for changed hands -although the factory I work in stayed the
same-and my new employers want to change my hours to either full time or a 10am-3pm part
time shift at a different location in the factory.They employ a lot of temps but I have a
permenant contract with all my years of service transferred over
I can see no reason for the change as they've got someone else who works in the afternoon
My big problem is the fact that I have a registered disabled son who I rush home to when my
shift is done.He relies on me for support and he has been very ill
My wife has cancer and to be honest not mentally stable so I dont like leaving the house much
anyway and my son gets very upset with changes to his routine.
I think that if I agree to my employers demands they will probably keep changing my hours
whenever it suits them.
I have written to them explaining all this and they are going to take it up with the contractors
ie the main factory I work in.
What I would like to know is if we cant come to some agreement what my options will be ie
can they fire me without any compensation ? Obviously I need a job but my family comes first

sniggings

best read your contract, that is going to be your main fighting ammo, if it says your hours are set at 7am-12 then it makes it a lot easier for you you argue against a change.

But tbh with you, if they really want to change your hours then not much you can do about it without it being a long fight and even if you win they do not have to give you your job back.

My advice is to be clear what you can do and try to come to an arrangement, chances are they just do not know your situation, once you explain it to the correct person in charge, I would think they will give you the hours you want.

With all that you have going on, fighting at work would not be a good idea, if it means leaving and looking for a new job I would suggest that, as you say your family comes first, but I doubt it will come to that.

Just check you are getting all the benefits you can, DLA for both your child and partner if not already getting it, cares allowance etc etc remember to that if you don't work some of the benefits you get now may go up, so you might not be any worse of if you have to leave work.

reynardthe

thanks for reply
I had a look at my contract and my hours are stated clearly but theyve a get out clause as youd expect

---

Hours - “We expect you to work those hours that are necessary to discharge your role effectively. Your working hours are always subject only to any current statutory limitations”

Place of work – “Your normal workbase is currently xxxxxx We can require you to work at any reasonable operational location, now or in the future. This may occasionally include travel within the UK on our behalf. We determine your workbase strictly by business need

---

I'm not afraid of a fight as I think I've got a good case if they sack me but could it cost me any money?
If I hand my notice in will I lose my right to any compensation

sniggings

thought there would be, as said try and come to an agreement.

If you can't then do you really want to work for a company like that, it's really not worth the stress.

Good luck.

sniggings

just seen your questions at the end.

If your contract says they can change your place/hours then you can't fight that, all they have to do is "try" and accommodate you requirements, which in reality is them asking themselves can we help this guy out, and they answer themselves "no we can't", thats about all they have to do, is tick a couple of boxes to say they would like to help you but the business doesn't allow it, sad to say but that's about the top and bottom of it, Governments have taken away most of our rights now, they don't even have to give us a proper dinner hour!

If you were to leave, it makes it much much harder to win, but as said winning is all but impossible anyway.

Your best bet is an agreement, if that doesn't work then call their buff, refuse to do the new hours, they will either back down or sack you, if they back down, then job done, if not then you have a fight on your hands, hoping they have not followed a correct regulation etc etc but expect it to take a couple of years and be stressful and probably loose, sorry to sound negative but it's just how it is, depending how small the business is, might make them think twice about sacking you and just back down as it does cost them time and money to fight so an agreement is in their interests too, just make it clear what you want and don't back down.

dancingfairy

I would have thought that given you have been doing that shift for 8 years? then you should have some rights - ie they should give you a significant period of notice or have some sort of consultation (despite what your contract says). In my mind altering your hours is a change in your contract.
df

Diabolical_Rem

dancingfairy wrote: »

I would have thought that given you have been doing that shift for 8 years? then you should have some rights - ie they should give you a significant period of notice or have some sort of consultation (despite what your contract says). In my mind altering your hours is a change in your contract.
df

They have a clause in the contract that allows them to change hours.

My advice is to talk with the managers face to face and explain the situation as best you can. Ask what your options are but make sure to suggest an arrangement that works best with you so you don't just leave it up to them.

Your circumstances are rather special, so they may be tempted to bend a little on their decision to avoid the potential of court action. A good lawyer may or may not twist them changing your hours while knowing your situation as discrimination based on family medical status. Don't expect them to bend, though.

Try your best and see what you can change to accommodate your situation. Prepare to change the schedule of your wife and son so it isn't a sudden, drastic change (as you've stated that your son doesn't enjoy routine alterations).

reynardthe

Thanks for your replies guys
I'll just have to wait and see what they come up with.Obviously they would need to change my contract for their proposed changes to take effect and it did cross my mind that they could offer me voluntary redundancy but I'm not holding my breath!
Just to repeat one of my original questions if I was fired would I have to have a lawyer-I've not gone into it but I thought there was a tribunal I could go to for unfair dismissal etc
Any advice appreciated

Diabolical_Rem

reynardthe wrote: »

Thanks for your replies guys
I'll just have to wait and see what they come up with.Obviously they would need to change my contract for their proposed changes to take effect and it did cross my mind that they could offer me voluntary redundancy but I'm not holding my breath!
Just to repeat one of my original questions if I was fired would I have to have a lawyer-I've not gone into it but I thought there was a tribunal I could go to for unfair dismissal etc
Any advice appreciated

If you genuinely think they were firing you for your situation at home or some type of discrimination... Yes, you should go with a lawyer. If they fired you simply because they couldn't work out a deal with you that was suitable and they felt they couldn't get the return they wanted from your employment without making the changes they wanted, then you might be wasting your time with a lawyer.

Alternatively, seek the potential of a local union. They can be great for potential court cases with your employment. Your long-term work would be a huge boost to any union as you have several years of experience under that company and probably know quite a bit about that industry and the work place position you have.

reynardthe

Not sure what you mean about potential of a union-theres no union where I work and never will be-if there was I'd have gone to them already-can you please elaborate-thanks

Kayalana99

Your clutching at straws. The advice above is correct.

Your contract with them states they can change your hours..so yes they can change your hours.

Its really that simple. If you don't agree with the change and they sack you what rights do you think you have? You didn't uphold your part of the contract so they fired you.

End of.

Sorry if it sounds heartless but thats just how it works...hopefully they will read your letter and let you contine on your old hours but your not going to be getting any compensation if you leave or are fired because you don't agree to the change.