Employment law advice please
Discussion
Hi,
The company I work for are thinking of making engineering provide an “out of hours support service” to the business.
Currently we do help out if required (we do this because we care and on a good will basis) but now a system is being talked about where we will be forced to provide support out of hours on a rota system of some kind.
We will not be paid to provide this cover but time off in lieu will be given.
My question is can this be forced upon us? And secondly can and how do we refuse to accept the new terms? What could happen?
From what I understand from conversations with other members of the team if you refuse to sign then the company can’t force any changes for 6 months (assuming you object) then after 6 months they can effectively push thru the change. Im my opinion this is giving us 6 months notice to find a new job or put up with the changes
Thoughts?
The company I work for are thinking of making engineering provide an “out of hours support service” to the business.
Currently we do help out if required (we do this because we care and on a good will basis) but now a system is being talked about where we will be forced to provide support out of hours on a rota system of some kind.
We will not be paid to provide this cover but time off in lieu will be given.
My question is can this be forced upon us? And secondly can and how do we refuse to accept the new terms? What could happen?
From what I understand from conversations with other members of the team if you refuse to sign then the company can’t force any changes for 6 months (assuming you object) then after 6 months they can effectively push thru the change. Im my opinion this is giving us 6 months notice to find a new job or put up with the changes
Thoughts?
Edited by 528Sport on Thursday 14th January 11:45
Your starting point is your contract, what does that say about your hours of work? If the new hours are not covered then we are talking about a change to a contract of employment, but if the contract does allow them to make this change you have no choice.
In principle the employer can't just change the contract but if they follow procedure and have a good business reason for doing it they can terminate the existing employment with notice and offer the new terms in a new contract. Whether you then have a case for unfair dismissal depends on the details, you need professional advice at that stage.
But the starting point if you object and you are sure it isn't in your contract is to object in writing, failure to do so may be taken as acceptance of the change.
In principle the employer can't just change the contract but if they follow procedure and have a good business reason for doing it they can terminate the existing employment with notice and offer the new terms in a new contract. Whether you then have a case for unfair dismissal depends on the details, you need professional advice at that stage.
But the starting point if you object and you are sure it isn't in your contract is to object in writing, failure to do so may be taken as acceptance of the change.
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