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My missus has had her shifts at the pub she works changed with no notice! Her actual hours havnt changed but shifts have, she has been doing them for over 6months so they no fall under an unwritten contract and therefore she would need a period of notice to change them? Ash
I would have thought that this was easy.
Read her contract. If not it works both ways.
Well this is it she does not have a contract! The company I work for work on tje basis that if someone has been doing the sane shifts for over 6 months that becomes their new contracted shift pattern!
The six moth thing is called a 'contract by implication' ie been normal practice this may or may not apply based on whether other employees in the same roll regularly have shifts changed.
If they do there is no come back, if they dont then there should be a notice period, but they can still do it.
Real world answer, she can either:
A: Do the new shifts
B: Ask her manager for alternative shifts
C: Get another job
If neither A or B are possible then C is her only option.
SO ...??
Youre obviously not going to take em to a court/tribuneral hearing so why whinge about it ??
Same hours per week = same pay..
If it doesnt suit move on - that's how the world works these days .
If they do there is no come back, if they dont then there should be a notice period, but they can still do it.
im no lawyer, but not just a notice period but a period of consultation to gain your agreement, if you agree great, if you dont then when the notice period lapses they can implement the change, if you cant do it then they may have no work for you, but statutory notice periods should probably apply if theres no written contract.
the thing is, if you know it will be implemented and others are going to do it and you cant or wont at best you will gain a month notice of change and consultation, at worst your boss will get rid of you and if less than 2 years wont qualify for unfair dismisal
sound like maybe best to have a chat with your employeer to see if any change can be delayed if you need it or get on board or move on.
Cheers for the responses. Lasty simply a question I was asking for an answer to! Thankyou for response though greatly appreciated
If you have a shite boss it does not matter if the law is on your side because the person will get you eventually.
So I agree with the option given by unknown above.
However you could always impale the manger ...
Sorry OP - feeling a bit pedantic today ..
Hope she sorts it but even WITH a contract they can do as they wish and youll not be taking it any further....
"contract by implication" - sounds better than it is, in reality the management can do whatever they deem good for the business, ie alter hours to suit. "Better business structure" seems to be a popular get out clause .
Best solution is to talk it over and if nothing satisfactory come of that consider the options ....
What is the reason for the change in shifts?
Was there any consultation at all?
Has any other employee had their shifts changed?
They have effectively changed the 'Terms and Conditions of employment,' so if they haven't followed the correct procedure it would constitute Constructive Dismissal if she were to leave as a result (assuming 1year service.)
The employer legally has to issue the 'Terms and conditions of employment' within the first 4 weeks, normally as a written contract.
They have effectively changed the 'Terms and Conditions of employment,'
Not if the 'terms' (i.e. what she was told on the first day, in lieu of a contract) said 'this is your shift, it might change at any time' which the OP does not mention.
The reason for the change is a cut back in hours, initially she wasnt going to even get the same amount of hours. Her other colleagues have had the same thing done with no consultation period, and they wernt told the shifts that they have been doing for years were simply deleted off the rotas.
Not an expert, but encountered a similar thing at work a while back. IIRC this would consitute a 'major' change in the work role and therefore agreement with the employee is needed unless explicitly allowed for in an employment greement, or the employer could face a 'constructive dismissal' tribunal.