Changes imposed by an employer

Released 3rd January, 2010|6,593 Views

 Sometimes employers want their employees to change their hours or other working arrangements, for example,  they no longer want an employee to work from home, or want them to work at a different office or factory. If your employer suggests a change, and you are happy with it, then you are free to agree a change to your contract. However, for many parents and carers a proposed change may make it impossible for them to continue to balance their home and work arrangements. If you are in this situation and you want to object to the proposed change there are various legal arguments that may help you.

If your employer wants to change your hours they may be in breach of the law and you may be able to use this to argue against the change. Ideally you should try to negotiate with your employer, by explaining why you cannot do the new hours, and suggesting solutions where you can. However, if you are unable to reach an agreement you may have to think about whether you have any legal rights to insist on staying on your old hours.
The legal rights that you might be able to use as a parent or carer are breach of contract, sex discrimination, unfair dismissal and the right to request flexible working. In addition if you are disabled then there are additional rights which may help you.
Get advice before using the right to request flexible working in this situation, as a request could be taken by your employer as acceptance that they have the right to change your hours.
If the proposed change means that your wages will be cut, you may have other claims (for unlawful deduction in wages) as well as a claim for breach of contract.  Get advice before making a claim.