Below is a query that we received recently from a client whose employer was seeking to change her shift pattern without consent. This is one of our most common queries.
I have worked for 20 hours a week over 3 days per week for the last 3 years as a hairdresser. My employer has now said that she needs to change my hours as she need someone to cover mornings on the 2 days that I do not work. She is changing my hours to Monday – Friday 9am – 5pm. I have young children so this will end up costing me too much in childcare to continue working. Is there anything I can do?
The terms of your contract are usually contained in a statement of written particulars or a letter of appointment. Hours and working pattern are terms of the contract. If you have never received written confirmation of your hours and working pattern, because you have worked the same hours and shifts since starting in the job, it is likely that 20 hours over the 3 days would be deemed to be a contractual term.
If the contract permits the employer to change the days on which you work, it is likely that you will be required to change your shifts. However, if the contract states that your working pattern is 20 hours per week over 3 days, the employer is not permitted to change your shift pattern without your agreement.
If you refuse to accept the changes, the employer must then either agree to keep you on the same shift pattern or can seek to enforce the changes. As your employer is enforcing the changes, your options are quite stark – you must either agree to the changes or alternatively resign and lodge a claim for constructive dismissal.
In a constructive dismissal claim, the employee argues that the actions of the employer have been so serious that they have resulted in the termination of the contract. If this can be established, which is unlikely to be difficult in your case, it will be for the employer to convince the Tribunal that its actions were reasonable.
This will involve the Tribunal giving consideration to all of the circumstances of the case including whether there was consultation before the changes were imposed and whether there was a real business need for the changes being enforced. If the Tribunal considers that the change in hours was unnecessary, you would be entitled to compensation.
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