Changing my working days without my agreement? Legal?

Mrs_Optimist

Have worked for current company over 20years, working set days (part time). Because someone is taking semi retirement I am now expected to change my days to cover the days the semi retired person won't be in ! I am not in agreement with this as I am not available to work on one of the days every week. I feel that the change should not have been agreed without my agreement to alter my days. One of the days I am now expected not to work is a Monday meaning I lose the bank holidays.

I also work alternate Fridays and am now expected to work every Friday although I can't commit to this. I offered to work 3 set days and my colleague work the remainder but this has not been agreed.

I am minded to say stuff it, nothing had changed for me with my job role so any agreement they make with a third party should be worked around me if they want cover! Thoughts please?

bamgbost

Not sure tbh...I guess you would have to look at the wording in your original signed job contract.


I would think they would have spoken to you about it first rather than impose it on you.


But the contract wording is where I would start.

WestonDave

If you are part time you should be given a pro rata allowance in respect of bank holidays anyway so not working Mondays can be to your advantage as you get to choose when you take that day off rather than if being forced to be a Monday. The law requires part time workers to be given an equal amount of holiday (pro rata) to their full time colleagues so this change in days should not affect the number of paid days leave you get.

superpacman1972

Dig out your contract of employment, and any documentation regarding variation, for example a change from full time to part time, days of week agreed, hours. If you do not have a copies of these, try your HR department or representative.

As with everything, detail is everything and I don't know enough from your post to give anything but generic advice, but this matter is far easier to deal with if you can produce documentation.

As stated above good practice dictates that any change should be collectively discussed, compromises sought, and agreed with all stakeholders before implementing any changes. Were you not consulted at all?

Mrs_Optimist

It's a bit more generous than that at my workplace. If you work full time (5 days per week) you get an annual allowance of 27 days plus bank holidays, so working on a Monday does make a difference.

To be honest I am miffed.

I have offered alternative days keeping mainly to what I already work, and have been refused, no explanation. I am not available to work every Friday as I have other commitments that are personal to me but bear no relevance to my workplace.

I would have thought that my colleague should have had to work around me as he is dropping a day, yet it seems that I am having to move things around to suit and it isn't possible.

Torry_Quine

Mrs_Optimist wrote: »

It's a bit more generous than that at my workplace. If you work full time (5 days per week) you get an annual allowance of 27 days plus bank holidays, so working on a Monday does make a difference.

To be honest I am miffed.

I have offered alternative days keeping mainly to what I already work, and have been refused, no explanation. I am not available to work every Friday as I have other commitments that are personal to me but bear no relevance to my workplace.

I would have thought that my colleague should have had to work around me as he is dropping a day, yet it seems that I am having to move things around to suit and it isn't possible.

Even if the holiday allowance is more than the minimum a part-time worker is still entitled to get the same amount pro-rata to the hours they work so it shouldn't make any difference to the amount you get whichever days you actually work.

you do need to check what your contract says as it may not specify which days you are expected to work

WestonDave

To be clear the fact that you get 27 days plus bank holidays does not entitle the employer to break the law and discriminate against part time workers - you must get the same pro rata allowance of paid leave as your full time colleagues and other part time colleagues and cannot lawfully lose out just because of the days you work.

Mrs_Optimist

Thanks for responses. I have worked here for over 20 years and haven't a clue where my contract of employment is. I will ask for a copy if the situation gets more sticky.

No, there was no consultation, just informed of the days I am expected to work to provide cover for my colleague who is semi-retiring. Out if the 3 set days I work and have worked for years, I am suddenly expected to change two of them. This also means a slight cut in my wage, although I have offered to mAke good the time (3 hours per month) this has also been refused. I had planned to tag half an hour on my working day until the time had been made up, but have been told either I am on standby to be called in at a moments notice to cover sickness or take a pay cut to the equivalent.

jobbingmusician

Again - what does your contract say? If you are on a zero hours contract they may be in the right. Otherwise, they are probably not........

Mrs_Optimist

Most definately not on a zero hours contract - not sure they were even in existence 20 plus years ago when I joined the firm. As far as I can tell, nothing can be changed without my agreement, and I can't agree to work certain days when I know I am not always available to do so.

Will arrange a meeting with my boss to maintain the days I already work, or they have to agree my compromise.

Thanks for all responses.

stevemLS

What sector are you in?

You do need to be a tad cautious about your approach to this, the needs of the business have changed and it is possible that if you dig your heels in, they may end up saying the need for the role is on X,Y and Z days and you are unable/unwilling to work on those days, your particular role (working your current days) is therefore redundant. IMHO this would not amount to unfair dismissal.