Are contracts worth anything?

[A500leroy]

Just a short one for advise. Can an employer change working hours against the employees wish? IE change from morning shift to evening shift?

[StevieBee]

If the company has prepared their employment contracts correctly, they will retain the legal right to change the conditions of employment providing that change follows proper, legal procedures and that the change itself, is legal.

That legal procedure will include a period of consultation with whoever is affected. They cannot simply impose the change without it.

The change here is significant and it may not be possible for the person affected to do so a solution would have to be negotiated which would result in either nothing changing, a lest impactful change acceptable to all or the company digging their heels in. If the latter, the person affected my have claim against constructive dismissal when the company would have to prove that they had no choice in the matter.

(This is from an employers perspective)

HTH

[hyphen]

What does your contract say?

[A500leroy]

The contact is open ended, but the position was advertised as mornings only.

[2 sMoKiN bArReLs]

On balance you are probably better off with one, but as they are written by the employer they will be skewed towards them. (or should be)

[Countdown]

A500leroy said:

Just a short one for advise. Can an employer change working hours against the employees wish? IE change from morning shift to evening shift?

Not wishing to be harsh but Contracts can't be binding for all time on the Employer or on the Employee. It's just not practical. Both are free to make changes and ideally via consultation and agreement but sometimes it's not possible.

[Jasandjules]

A500leroy said:

Just a short one for advise. Can an employer change working hours against the employees wish? IE change from morning shift to evening shift?

Well, firstly, what does your contract say about the hours?

Secondly, they can attempt to do so absent agreement, but whether or not that results in your being constructively dismissal is another question.

Edited by Jasandjules on Thursday 13th August 22:10

[LukeBrown66]

OP, I would be asking the agency questions about extra pay for working lates, in most firms you should get some out of after hours bonus.

If they advertised it as mornings and you are being asked to do evenings that is a significant change.

Obviously the agency will do NOTHING to upset the apple cart with the company, so maybe also find someone you can ask at the firm or talk to HR or a manager, as in theory you are being asked to do something different to your contract you signed.

[cossy400]

It's usually got something like.

Your hours may change due to needs of the business.

So unless it says 8 till 3 blah blah your all out of luck i think

[Corvid-2020]

Are contracts worth anything? Mine are worth between £48 and £67 /hr.

But that is against a fixed umber of hours to do a fixed piece of scope.

Once that is done. No more work.

Do you mean can "T&Cs" be changed?

[TCX]

Contracts are only binding.....on the weaker party

[Countdown]

TCX said:

Contracts are only binding.....on the weaker party

In this case they’re not. OP can walk away any time he wants. Possibly the problem is that he probably has more to lose than the Employer.

FWIW Employers dont usually change contracts unless there is a genuine business issue. It’s not worth pi$$ing off the staff.

[A500leroy]

Yeah, thought this would be the answer, best to just suck it for now then.

[TCX]

Countdown said:

TCX said:

Contracts are only binding.....on the weaker party

In this case they’re not. OP can walk away any time he wants. Possibly the problem is that he probably has more to lose than the Employer.

FWIW Employers dont usually change contracts unless there is a genuine business issue. It’s not worth pi$$ing off the staff.

Lol not going by the last firm I worked for,everyone else took pay cuts,changes to conditions,on promise of a 'bonus' if/when profitability returned,'you know where the door is if you don't like it ' attitude ....firm went into administration year later,no f...ks given there about staff morale guess that's what happens when USA loan sharks buy business for a pound lol

[Countdown]

TCX said:

Countdown said:

TCX said:

Contracts are only binding.....on the weaker party

In this case they’re not. OP can walk away any time he wants. Possibly the problem is that he probably has more to lose than the Employer.

FWIW Employers dont usually change contracts unless there is a genuine business issue. It’s not worth pi$$ing off the staff.

Lol not going by the last firm I worked for,everyone else took pay cuts,changes to conditions,on promise of a 'bonus' if/when profitability returned,'you know where the door is if you don't like it ' attitude ....firm went into administration year later,no f...ks given there about staff morale guess that's what happens when USA loan sharks buy business for a pound lol

Looks to me like management knew that they were in difficulties, changed contracts to try and make the firm viable, and it didn't work? Surely NOT changing contracts would have just meant the Company going bankrupt quicker?

[anonymous-user]

[quote=StevieBee]If the company has prepared their employment contracts correctly, they will retain the legal right to change the conditions of employment providing that change follows proper, legal procedures and that the change itself, is legal.

That legal procedure will include a period of consultation with whoever is affected. They cannot simply impose the change without it.

The change here is significant and it may not be possible for the person affected to do so a solution would have to be negotiated which would result in either nothing changing, a lest impactful change acceptable to all or the company digging their heels in. If the latter, the person affected my have claim against constructive dismissal when the company would have to prove that they had no choice in the matter.

(This is from an employers perspective)

HTH

This is well intentioned, I am sure. It is also, whilst right (or half right) in places, wrong in some important respects. For example, the bit about consultation is wrong (possibly based on a misunderstanding to do with TUPE cases, and/or to do with collective bargaining), and the bit about constructive dismissal is wrong (constructive dismissal is a thing widely misunderstood, especially in this sub forum). OP, if you hang on a bit, you might get expert advice from Jasandjules.

As for the more general question of whether contracts are worth anything, that depends on the willingness of and means available to a party to any contract to enforce it in the event of dispute. By those measures, some contracts are worth bazillions, and some are worth zilch.