Squizz

Hypothetical Question: ("Yeah, Right!")

I work for a company that has flexible working hours, allowing me to work a 37.5 hour week - 7.5 hours per day with a core period 10am to 4pm.

My company has been bought up by another (again).

No other part of the company has flexible working hours. The belief is they will force us to work 9am to 5.30pm, which will make all our lives very difficult.

Can they legally do this, without forcing us to sign another terms and conditions contract?



[Edited by Squizz - 1/18/2002 3:26:15 PM]

DavidBrown

They probably can't force you directly.. but they may want to tell everyone they're sacked and need to reply apply for their own jobs with the new company, under their terms. or a similar scam

Brendan Hughes

ISTR, when I studied employment law 15 yrs ago, that such a scam was illegal. But don't take my advice on it.

Otherwise, legally, they cannot force you to do anything - a contract should be altered by both sides in agreement. However, in practice, try asking to stick to the old conditions when everyone else agrees to the new ones, and it probably won't be worth your while staying there. Of course, if you have some sort of union backing, perhaps that's different.

BJH

Shark

I thought they could give you 6 months notice and then change things like that. I may be wrong.

Good luck, I used to get flexi, and know just how useful it is.

David

fast bloke

They can change your terms and conditions if they give you 1 months notice as long as the change can be deemed reasonable. (So they could move you to standard hours, but not to night shift) If you refuse to accept the new terms and they make you redundant because of this you need to be able to demonstrate that the change was unreasonable to make a claim against them. As an employer I would say they have you on this one.

NBW

Agree with fastbloke except you wouldn't be making yourself redundant - by not accepting the new T&C's you could be deemed to have resigned....

Tim

boomer

Fast Bloke,

are you sure about that? I thought that the new Ts&Cs can only be enforced (after a month?) if you do nothing, but if you formally refuse them, they can't force you? Unless of course, the previous Ts&Cs said that working hours can be changed by the company at any time!

However, if you are the only one refusing the new conditions, it will be a lonely battle

mb

paulr

Is there nothing in your Terms/Cond about changing your Term/Cond.
In mine it says that working hours/shift patterns can be changed but they have to give you 90 days notice.

I'd check the small print on your contract.

RichS

We had to go through a similar thing in the last company I worked for. (This was about 3 years ago.)

As I recall the minimum notice period under employment law was 13 weeks to forcibly change an employees terms and conditions.

If your new terms and conditions are considered to be reasonable and comply with the Working Time Regulations (i.e. you cannot be forced to work more than 48 hour per week averaged over 17 weeks), then I don't think you have a case.

Rich

John Catlin

It used to be 90 days notice in writing.

This can be posted in the boiler house so you can't see it.

You can object but if you do not like it good bye.

All the best,

John Catlin

Squizz

Blimey, you're a cheerful lot, aren't ya!

Figured as much...

Oh well, a job's a job.

boomer

Squizz,

look on the bright side - at 17:30 you just put the phone down and go home!!!!

Flexibility (or lack of) works two ways

mb

fast bloke

Boomer Rich et al - To do it forcibly takes a quarter - (90 days or 13 weeks). To do it with your agreement tales 30 days. If they do it in 30 days and the throw you out for non compliance, you have a constructive dismissal case. If they do it in 90 days and throw you out for non compliance, you still have a constructive dismissal case !!

Little Miss WRX

We have just had some new hours for the drivers at our place.

It's a case of you eventually have to accept them. As FB says with the days etc. Sorry.