DH, flexible working hours and change of contract (part 2 !)(3 Posts)
Thanks flowery. Dh has had two meetings now, both of them pointless as they had already decided the change would happen, he did take a union rep with him. Just waiting to find out from union to find out if hes due five weeks or 90 days notice period. Good to know they cant backdate it though, the letter said proposing hours change, not we are changing hours. Unfortunately Dh is going to have to accept the change. He earns 3x more than me so I will have to give up a job Ive done for eight yrs and be a SAHM. His shift patterns do not fit round any hours I do now or can work as well as cover childcare. Not looking forward to it as we will struggle and I will lose my independence just because his boss feels the need to put his foot down. I had hoped someone would be slightly more family friendly and understand our situation but I guess we had it good for six years and it couldnt last ! Thanks again for your help.
No legal requirement for an HR person to be present at any meeting - many employers don't have HR at all.
It's fine to propose the change, that means this is a consultation period, and is his chance to refuse to accept the change.
No they can't backdate notice either. I would suggest he writes back acknowledging their letter, saying that he understands they are proposing to amend his terms and conditions on [x] date, giving him 3 weeks notice of the proposed change. Having taken advice he understands that his consent is required to change his terms and conditions and he is not prepared to give his consent to this change.
I would also suggest he includes in this letter reference to the short notice given, and also reference to the fact that he has not been given the opportunity of a formal consultation meeting after their proposal (assuming he hasn't) to which he could bring a colleague or union representative.
Quick summary. Dh was told three weeks ago his hours would be changed. This means we cant both work. His employer knows this and is why he was allowed to fit his shifts round me six years ago. much to-ing and throwing later he has been given four weeks notice backdated a week to comply with this. What I need to know is can they do this without HR lady present? (she didnt bother to turn up) Can they backdate it ? His letters say they were proposing the change not implementing it.Surely he needs a currently dated letter. If his company has more than 100 employees surely he gets 90 days warning. Would really appreciate any replies as were struggling with this now.
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