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Flexible working
Information about asking for flexible work, and what to do if your employer is changing your hours
Breach of contract where an employer is trying to change your terms and conditions
Released 3rd January, 2010|6,166 Views
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If your employer is trying to change the hours you work, your place of work or something else, you need to think about whether what your employer is asking of you is actually a change in your contract or whether it is something which the contract allows. Look at your contract to see what it says about your hours/place/way of working. If you do not have a written contract think about what has been agreed orally between you and your employer. This is still a contract. If there has been no formal agreement but you have worked in a particular way for a long time with the permission of your employer, you may be able to argue that your current arrangements are part of your contract.
If your contract specifies particular hours of work, for example, 7am to 2pm, or a particular place of work, for example, “you will be based at the shop in High Street, Woking” then these arrangements can normally only be changed with your agreement. Even if your employer gives you something official looking saying “notice of variation of your contract” or something similar they usually still need to get your agreement to the change, or give you notice to end your old contract. If your employer ends your old contract you may be able to claim unfair dismissal.
If there is something in your contract that says your employer can change things without your agreement get advice. If your employer changes your contract without your agreement, this is called a breach of contract and may mean you could make a legal claim against them. However, on its own, this claim, even if successful, can usually only result in a small amount of compensation. Claims for breach of contract cannot be made in an Employment Tribunal unless the employment has ended. You can make a claim for breach of contract in the County Court without leaving your job, but if you do this there is a risk that you will be ordered to pay your employer’s legal fees if you lose the case. You will need to consider whether your claim for breach of contract could be coupled with another claim such as unfair dismissal (if you have left employment) or indirect sex discrimination. If successful these claims can result in higher compensation than breach of contract claims. The more valuable your potential claim, the more incentive your employer has to try to reach a compromise with you. You should seek advice before making a claim.
An exception to the principle that you personally must agree to any changes to your contract is when a trade union makes agreements on behalf of all workers. If it is part of your contract that a particular union can bargain on behalf of all the workers in a workplace, you may be bound to a change in contract terms which is agreed by them. This is still the case even if you personally don’t agree with the new contract term. Get more advice if this is your situation as you may still have other claims.
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