Change of contracted hours and office - Is this allowed?

[legitfromtheman]

Say you are employed 9 til 2 (part time) but because of rehab you are transferred to a mail centre to work the evenings. Is this allowed?

The reason being that i've cant attend for my new hours, but am being told that these are my new hours. (I've not signed anything agreeing to this...)

[madelin4]

Say you are employed 9 til 2 (part time) but because of rehab you are transferred to a mail centre to work the evenings. Is this allowed?

The reason being that i've cant attend for my new hours, but am being told that these are my new hours. (I've not signed anything agreeing to this...)

why are they making you work evenings if you normally worked 9-2pm? No it dont sound right! it just gets worse!!

[legitfromtheman]

ive been told thats when the bulk of the mail comes in for sorting and they need me then (even thought i'm working solid for the time i'm in)

i have explained to them that i cant be there in the evening but it's like talking to a brick wall

[TrueBlueTerrier]

Changes to employment conditions: what if you don't agree?

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

Sometimes your employer will want to bring in a change to your contract that you don't agree to.
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.

* Unfair dismissal - find out more
* More about redundancy payments

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.

* Find out how to sort out problems at work

Legal action

If you can't resolve the problem directly, you may need to take some kind of legal action, you might:

* claim breach of contract
* if one of your statutory employment rights has been breached you might make an Employment Tribunal claim
* if your pay is reduced because of the change, you could make a claim for unlawful deductions from wages
* if the situation is completely unbearable you could resign from your job and claim constructive dismissal

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

* More about breach of contract
* Get a statement of your employment rights and responsibilities
* Unlawful deductions from wages - find out more
* Read more about constructive dismissal

Where to get help

If you are a member of a trade union, you can get help, advice and support from them.

* Acas (opens new window)
* Find your local Citizens Advice Bureau (opens new window)
* Seek legal advice from a solicitor or advice agency
* More about trade unions

More useful links

* Detailed guidance on contracts of employment from the Department for Business, Enterprise and Regulatory Reform (BERR) (opens new window)
* Advice from Acas on varying an employment contract (opens new window)
* Advice for employers on changing an employee's terms from Business Link (opens new window)

[madelin4]

ive been told thats when the bulk of the mail comes in for sorting and they need me then (even thought i'm working solid for the time i'm in)

i have explained to them that i cant be there in the evening but it's like talking to a brick wall

well i am due for re-hab myself, been told to get it agreed in writing that way they have to follow it, did you have a re-hab agreed in writing with you and union rep?

[Broxi51]

Shouldnt think they would be allowed to change your time by that much. They can ask but they cannot force you. Give them family commitments as to why you cant change

[legitfromtheman]

nothing in writing (that ive seen anyway) but ive been to see the atos doctor who has me covered for a while and said what i can and cant do

[madelin4]

nothing in writing (that ive seen anyway) but ive been to see the atos doctor who has me covered for a while and said what i can and cant do

well if they are making you do something that atos has said you cant then r m would be at fault. You shoud have been advised to get your re-hab plan in writing with your approval and signed. I would seek out a good rep.

[legitfromtheman]

theyre not making me do any work that i cant do. i've been sorting letters into frames so that ok. But its my hours that i cant figure out. i've moved office which isint ideal but im doing it anyway to be accommodating but if i cant work evening it's as simple as that.

What does a rehab plan comprise of, also advised by who? my manager?

[madelin4]

theyre not making me do any work that i cant do. i've been sorting letters into frames so that ok. But its my hours that i cant figure out. i've moved office which isint ideal but im doing it anyway to be accommodating but if i cant work evening it's as simple as that.

What does a rehab plan comprise of, also advised by who? my manager?

well me and my union man are going to sort a re-hab program for me, 1 that i will be ok with then we will discuss it with the area manager at a meetin, not be discussing with my DOM, it will be agreed with area manager. are you on a stage warning also?

[legitfromtheman]

i'm not on a stage warning...

[mailsort6]

Say you are employed 9 til 2 (part time) but because of rehab you are transferred to a mail centre to work the evenings. Is this allowed?

The reason being that i've cant attend for my new hours, but am being told that these are my new hours. (I've not signed anything agreeing to this...)

This has happen at my office before, but make sure that if you do sign a new contract it states that this is just a temporary move of contractual hours until your rehab is over and then you will be moved back to your original duty, if the contract does not say this do not sign anything. In fact go and see your union rep, do not sign anything that you might be locked into.

[bogstandard]

making a few assupmtions here but assuming your office has been scoped for suitable work you and not found any then the next move is suitable work at a nearby location when/if this is found you should be starting or finishing at your pre rehab attendance times whichever suits the business (or you if you can get away with it) at your parent office, no travelling in your own time. The business gets you there and back during your rehab hours. it seems you have no problem with working at another office so let them know this is not a problem, doing what they want is also not a problem. You have prior comitments which make it impossible for you to attend at the time they are asking tell them what they are parental/ primary care giver or whatever if need be request another appointment with the EHS/OHS and explain to them the reasons why you cannot attend when they wish. Its not a case of WILL not but CAN not there is abig difference.
Best of luck

[stq]

POSTMAN EDIT:Don't panic,your other thread has answers.