Change Start/Finish Time

Cityaces

Hi,

It's a transport office so is open from 7am through 6pm. Some of the staff work these hours, others work 10-6 (I was offered the option and took 9-5) The owners are available from 6am.

I work 9-5 most of the time. Re dinners most of us work through and claim the hour overtime, mainly because there's nothing around for us to do. However I don't claim the hour when I finish at 4pm. That isn't right and is not me being honest. I am 'old school' where work is concerned.

My hours are 9-5 with a 1 hour lunch.

ohreally

Cityaces wrote: »

Re dinners most of us work through and claim the hour overtime, mainly because there's nothing around for us to do.

Respect....

nicechap

Cityaces wrote: »

Hi,

Can someone help me please. My employer has just told me that they are altering my start/finish time .

Background.

I started with them 1st October 2015. They came up to me that day and offered me either 9/5 or 10/6.

I chose 9/5. The rest of the people here work longer hours or 10/6. I want to stick to 9/5.

Do I have any options apart from be a disgruntled worker?

Please advise as they want my agreement tomorrow!

Thanks

Peter

I guess you're not in a union who might be able to offer bespoke advice?

And I'm guessing the overtime for working through lunch is always pre-authorised despite it being against working time directives?

Below is advice from sage Sangie about a similar circumstance:

Employers are entitled to change contacts provided they follow due process. They must tell you what they want to change and discuss it with you. You are entitled to refuse. They will then serve you notice of termination, offering you a new contract with the new terms. You either agree and sign the new contract, or you serve your notice and leave your job. In these circumstances toy may claim this as unfair dismissal, but realistically, few such cases win because employers usually have their arguments well sewn up. So yes, it's legal. Definitely. But it might be changeable - but that's the chance you take if got refuse, and either way you lose because you have no job if you refuse.

Link to the thread.
https://forums.moneysavingexpert.com/discussion/5694942

Cityaces

Thanks,

It looks like I've no real option then. I appreciate all the advice folks. Thanks

Masomnia

nicechap wrote: »

I guess you're not in a union who might be able to offer bespoke advice?

And I'm guessing the overtime for working through lunch is always pre-authorised despite it being against working time directives?

Below is advice from sage Sangie about a similar circumstance:

Employers are entitled to change contacts provided they follow due process. They must tell you what they want to change and discuss it with you. You are entitled to refuse. They will then serve you notice of termination, offering you a new contract with the new terms. You either agree and sign the new contract, or you serve your notice and leave your job. In these circumstances toy may claim this as unfair dismissal, but realistically, few such cases win because employers usually have their arguments well sewn up. So yes, it's legal. Definitely. But it might be changeable - but that's the chance you take if got refuse, and either way you lose because you have no job if you refuse.

Link to the thread.
https://forums.moneysavingexpert.com/discussion/5694942

You wonder why anyone spends good money on lawyers!

Not wanting to nitpick, the gist of it is correct but I don't think it's quite accurate. Employers cannot unilaterally vary your contract they are not 'entitled to change contracts provided they follow due process'. They can consult with you regarding a change, which you can accept or not. If you accept obviously there is no problem. If they do want to force a change they have to terminate the contract and offer you the new one.

Or if they don't terminate and offer you the job on the new terms they just impose the change you can resign and try to bring a constructive dismissal claim.

If they do dismiss you can potentially bring a claim for unfair dismissal. The burden is on them to show that one of the five potentially fair reasons for dismissal applies, and in this case it would fall under 'Some other substantial reason'. Obviously any employer could sack anyone and then go to a tribunal and say it was fair for 'some other substantial reason' so the clue is in the name - it must be substantial for the dismissal to be fair and they need to demonstrate that the change was necessary and for sound business reasons.

Resigning and trying to bring a constructive dismissal claim is never easy, as you need to show a fundamental breach of contract.

Get legal advice before doing anything other than accepting the change.

Agree with Sangie's last bit that ultimately if those are going to be the terms going forward you have to accept them or lose the job. The law here doesn't keep you in a job but it might give you a remedy if you haven't been treated lawfully.

Detroit

k3lvc wrote: »

10/10 for initiative to the OP though - same no. of hours away from home but paid overtime rates for one of them :rotfl:

The OP is presumably supposed to work 9-5 with an hour lunch, so 7 hours of work per day.
If they start at 9am and work instead of taking lunch they will have worked their 7 hours by 4pm.
Therefore an additional hour from 4-5pm would be OT, no?