Can my boss demand I change my working hours?

[stroneranger]

I have been working at the same place for many years and a new boss has taken over and seems to be doing her utmost to make life difficult for me - I get the feeling she has someone else in mind for the job. The latest ploy is she wants me to meet her about is changing my working hours - possibly to ones that may make things more difficult and so get me to leave.

When I started work here I never had a contract and still haven't. What is my legal position if I say that I am happy with the hours I do already - Can the new boss insist on changing my hours ?

This might help.

www.crunch.co.uk/knowledge/employment/custom-and-practice-and-employment-contract-terms/

The terms set out in your offer letter plus the particulars of employment which they should have given you within a few weeks of starting work are your contract. Even if neither of these set out your current hours, they clearly are your current hours so changing them is a change to your contract. She cannot unilaterally change your hours. She can only change them with your agreement. However, if you want to go down that route you need proper advice. I would suggest checking your home insurance to see if it includes legal cover and, if so, seeing if they will help.

Thanks - that is very helpful.

She is making my life rather difficult at the moment - as I have no contract, if things get unbearable can I leave without giving notice? - I have been there and been really happy for 8 years and would have not liked to do this but she is doing things to make my work harder and giving me mundane time consuming tasks to slow me down and the situation is becoming unbearable so in the end I do think I will have to go.

Not a lawyer - but I think that although you have no written contract, you have one by custom and practice. Eg, I assume you've had paid holidays etc? And the same hours for all/most of that time? In which case you'd be expected to give a week notice if you're paid weekly, a month if you're paid monthly. Though I'm not sure what they could do if you just walked. Sorry, not much help.

Your offer letter and particulars of employment are your contract. If either of those state a notice period that applies. If not, you must give one week's notice regardless of whether you are paid weekly or monthly. If you leave without giving notice they can, in theory, take action against you for breach of contract and recover any losses they have suffered as a result of your action. It is unlikely they would succeed but they could try.

I had the meeting with my boss and she was very vague but said due to changes in the work environment the role was going to change - demanding new skills, working with the management team doing presentations and they are now requiring someone to work over 5 days, some evenings and weekends. No increased hours to do this. When I asked for specifics she could not say. I currently work 21 hours over three days. I know this has been done to make it unpalatable to me. If I am not wanting to take on new role then I will be made redundant. I am capable of doing the new role, but it seems that if the hours are the same, and work doing presentations is taken out of the 21 hours then who would do the work I currently do? I don't think I have any choice- my life will be made miserable if I decide to stay - I just hate it when the bullies win.

Get in contact with Acas and log everything. Email your concerns/queries to her. Consider letting this be known - she may back off? Sounds like a case for constructive dismissal to me.

Constructive dismissal cases are very hard to win. At the moment I don't think there is enough here to support a constructive dismissal case. A better bet would be to hold on then look at an unfair dismissal case if they dismiss you or make you redundant. Depending on exactly what they are doing regarding hours you may be able to claim sex discrimination.