change of hours by executive action

[welshy808]

I had a question about the legality of changing my hours of attendance.

As a contract is an agreement between employer and employee is it possible for the employer to change hours of attendance without agreement of either the employee or a union as part of collective bargaining?

If an employer does force these changes would it be grounds for an employment tribunal, as breach of contract?

Thanks for any advice

[Broxi51]

Hi Mate,
The following is taken from direct gov website which is full of useful info.
Hope this helps


http://www.direct.gov.uk/en/Employment/ ... G_10037116


What if you and your employer don't agree to a change of contract?
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. They may have to follow a collective redundancy consultation process if they plan to do this to a group of employees.

If this situation happens in your workplace, you should contact the Advisory, Conciliation and Arbitration Service (Acas) or another advice service from our contacts pages for further guidance.


Advisory, Conciliation and Arbitration Services (Acas) Opens new window Employment contacts 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 of 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.


Unfair dismissal Redundancy pay 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. If you can't resolve the problem directly, you may need to take some kind of legal action.


How to resolve a problem at work Breach of contract complaint
If your employer tries to force a change in your employment contract without your agreement this will be a breach of contract. If you suffer a financial loss because of the breach (for instance your employer cuts your pay) you may be able to seek damages by making a claim for:

breach of contract

unfair dismissal if one of your statutory employment rights has been breached

unlawful deductions from wages if your pay is reduced because of the change

constructive dismissal if the situation is completely unbearable and you regard yourself as having been dismissed

Bear in mind that employment law is complex - you should take legal advice before resigning or taking legal action.

[welshy808]

Thanks for the advice Broxi51,

So for example if I were a driver with a good few years service and Royal Mail changed me onto afternoons, and left drivers with far less service on mornings, would I be entitled to goto employment tribunal as either could do the job therefore there would be no sound business reason for the change to my contract.

As Royal Mail are bringing these changes by executive action, would I be able to get help off the union solicitors. Or should I go directly to ACAS and get a solicitor of my own.

Thanks again

[Broxi51]

They would need to have a very good reason for doing this to you. As direct gov says, put an objection in writing and get the union involved whether it be local, area or higher up. The CWU will give you guidance on how best to approach this and if needed will bring their legal team on board if necessary

Good luck mate

[steven100]

Your change of hours have to completely different, ie moving your hours by 1 hour would probably be ok. Moving your from nightshift to earlyshift could be questionable.