Can my employer Do this?

Author
Discussion

usn90

Original Poster:

1,419 posts

70 months

Thursday 9th July 2020
quotequote all
I’m male

My partner already works nights, So your implying I pay for a sitter between 18:30-03:00 5 days a week with no additional pay?

Nearest relative is 90 minutes away and why would they want to commit to helping out during those hours every day?

anonymous-user

54 months

Thursday 9th July 2020
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The legislation changed a few years ago to give legal aid to employees facing these issues. I would speak to an employment lawyer and take it from there.

Jasandjules

69,890 posts

229 months

Thursday 9th July 2020
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soofsayer said:
The legislation changed a few years ago to give legal aid to employees facing these issues. I would speak to an employment lawyer and take it from there.
Um, no, you will be very, very, very unlikely to get Legal Aid for an Employment Tribunal I am afraid.

anonymous-user

54 months

Thursday 9th July 2020
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Jasandjules said:
soofsayer said:
The legislation changed a few years ago to give legal aid to employees facing these issues. I would speak to an employment lawyer and take it from there.
Um, no, you will be very, very, very unlikely to get Legal Aid for an Employment Tribunal I am afraid.
My apologies. Just googled it and it’s clear the opposite is true. Things must have changed, or I am losing my marbles, sorry!

selym

9,544 posts

171 months

Thursday 9th July 2020
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ClaphamGT3 said:
Is there a reason why you can't simply arrange childcare like most couples who work broadly the same hours do?
You obviously didn't read the OP did you?

ClaphamGT3

11,300 posts

243 months

Thursday 9th July 2020
quotequote all
selym said:
ClaphamGT3 said:
Is there a reason why you can't simply arrange childcare like most couples who work broadly the same hours do?
You obviously didn't read the OP did you?
I did. What part of his post prevents him arranging childcare?

usn90

Original Poster:

1,419 posts

70 months

Thursday 9th July 2020
quotequote all
ClaphamGT3 said:
I did. What part of his post prevents him arranging childcare?
My partner already works nights, So your implying I pay for a sitter between 18:30-03:00 5 days a week with no additional pay?

Nearest relative is 90 minutes away and why would they want to commit to helping out during those hours every day?

Monkeylegend

26,386 posts

231 months

Thursday 9th July 2020
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Just out of interest OP what happened to the new job you said you were offered early June, did you turn that down?

Is that a possible option for you?

usn90

Original Poster:

1,419 posts

70 months

Thursday 9th July 2020
quotequote all
Monkeylegend said:
Just out of interest OP what happened to the new job you said you were offered early June, did you turn that down?

Is that a possible option for you?
I lost out on that job due to me gaining 3 points on my up until then clean licence

Monkeylegend

26,386 posts

231 months

Thursday 9th July 2020
quotequote all
usn90 said:
Monkeylegend said:
Just out of interest OP what happened to the new job you said you were offered early June, did you turn that down?

Is that a possible option for you?
I lost out on that job due to me gaining 3 points on my up until then clean licence
Ooops, sorry to hear that.

usn90

Original Poster:

1,419 posts

70 months

Saturday 18th July 2020
quotequote all
Ok so update

Had a change of contract document through which I need to agree to by Wednesday.

My hours haven’t changed, thankfully, so I’m unsure why I need to agree to this because as far as I know nothing’s changed.

I took advice from an employment specialist who basically said I would be able to take them to tribunal.

I’m a little wary of this document I have to sign, because at the bottom it states “please note, your shift pattern may have to change in future, the company will discuss this with you if this is a requirement”

I’m not sure if that statement is just a generic thing or whether or not i will be agreeing to that term if I sign??

I asked the solicitor but they want £500 + vat to give me the advice.

anonymous-user

54 months

Saturday 18th July 2020
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It is kinda is generic, but with the background to this that you described prior, it would be a concern.

I would raise those concerns before signing, asking for clarity as to why that had been added to the new contract, and if that clause is necessary. And do it in writing so you have a trail if things go south.

hutchst

3,702 posts

96 months

Saturday 18th July 2020
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usn90 said:
Ok so update

Had a change of contract document through which I need to agree to by Wednesday.

My hours haven’t changed, thankfully, so I’m unsure why I need to agree to this because as far as I know nothing’s changed.

I took advice from an employment specialist who basically said I would be able to take them to tribunal.

I’m a little wary of this document I have to sign, because at the bottom it states “please note, your shift pattern may have to change in future, the company will discuss this with you if this is a requirement”

I’m not sure if that statement is just a generic thing or whether or not i will be agreeing to that term if I sign??

I asked the solicitor but they want £500 + vat to give me the advice.
You could ask the employer to pay for your legal advice before signing. A refusal might assist you if you ended up in a dispute further down the line. Tell them that you are content to stay with your current contract (if you are).

edc

9,235 posts

251 months

Saturday 18th July 2020
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hutchst said:
You could ask the employer to pay for your legal advice before signing. A refusal might assist you if you ended up in a dispute further down the line. Tell them that you are content to stay with your current contract (if you are).
There's no obligation to provide legal advice and it will have no impact later on. Updated contracts are issued as part of normal employment thousands or millions of times a year. It is normal for an employer to reserve a right to make changes. You see it with notice for example, they can give PILON, holidays sometimes with a clause to use holidays at specified times perhaps in the summer or over Xmas, with location or place of work an of course with hours and overtime, pay rises etc. The key thing is reasonableness.

ToothbrushMan

1,770 posts

125 months

Saturday 18th July 2020
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sign o the times i think. more and more employers starting to properly take the p*ss.

bennno

11,649 posts

269 months

Saturday 18th July 2020
quotequote all
usn90 said:
Ok so update

Had a change of contract document through which I need to agree to by Wednesday.

My hours haven’t changed, thankfully, so I’m unsure why I need to agree to this because as far as I know nothing’s changed.

I took advice from an employment specialist who basically said I would be able to take them to tribunal.

I’m a little wary of this document I have to sign, because at the bottom it states “please note, your shift pattern may have to change in future, the company will discuss this with you if this is a requirement”

I’m not sure if that statement is just a generic thing or whether or not i will be agreeing to that term if I sign??

I asked the solicitor but they want £500 + vat to give me the advice.
What’s the consequence of not signing it

Jakg

3,463 posts

168 months

Saturday 18th July 2020
quotequote all
S100HP said:
Just be wary as there are a lot of people out of work, and a lot more who are going to be out of work pretty soon. Don't cut off your nose....
I don't think it's unreasonable to be unhappy about moving to a night-shift, without any extra pay, without consultation.

Night-work typically pays more - because people don't want to do it.

Jasandjules

69,890 posts

229 months

Saturday 18th July 2020
quotequote all
usn90 said:
Ok so update

Had a change of contract document through which I need to agree to by Wednesday.

.
Have you asked them to identify what the changes are in the new contract and why they require a new contract to be signed?

usn90

Original Poster:

1,419 posts

70 months

Saturday 18th July 2020
quotequote all
Not as of yet, I was only sent the docs just before finishing time Friday,Will be sending an email this weekend.

Im not sure what the consequence is if I don’t sign, I really don’t want to rock the boat incase they backtrack on the hour’s, but at the same time I’m cautious about that statement incase it’s a Trojans horse.

I may be overly paranoid and way of the mark but would like to cover myself at least, just need to do it without creating a big wave!

usn90

Original Poster:

1,419 posts

70 months

Saturday 18th July 2020
quotequote all
C4ME said:
To clarify, are you saying that the proposed change in hours to 17:00 - 02:30 have been dropped but they are asking you to sign a contract that gives them the right to change your shift hours in future if they wish?


Edited by C4ME on Saturday 18th July 22:23
Well this is what I’m unsure about, as far as I’m concerned my contract never changed to the night shift, so I don’t see why I’m being asked to “Sign and change” back to my original hours, the fact that statement is on the document I’m being asked to sign has me a little paranoid