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Are employers allowed to change terms of contract without proper consultation?

8 replies

PartTimeTeacher · 14/03/2024 01:01

I’m a teacher and I have received an email from my school saying they are changing my working pattern from 3 full days to x3 mornings and one full day. The imposed changes do equate to my contracted hours but the additional extra morning they want me to work isn’t convenient for my childcare responsibilities.

From what I can gather through looking online, when an employer seeks to change the terms of a contract, they must offer proper consultation and be open to discussing the changes with the employee. They haven’t done this and simply emailed me (while still on mat leave) that they’ll be changing my days.

To be clear, my contract does specify the days I work but there is a flexibility clause.

What are my options here?!

OP posts:
Flatleak · 14/03/2024 01:02

PartTimeTeacher · 14/03/2024 01:01

I’m a teacher and I have received an email from my school saying they are changing my working pattern from 3 full days to x3 mornings and one full day. The imposed changes do equate to my contracted hours but the additional extra morning they want me to work isn’t convenient for my childcare responsibilities.

From what I can gather through looking online, when an employer seeks to change the terms of a contract, they must offer proper consultation and be open to discussing the changes with the employee. They haven’t done this and simply emailed me (while still on mat leave) that they’ll be changing my days.

To be clear, my contract does specify the days I work but there is a flexibility clause.

What are my options here?!

How many threads about this do you need?!

PartTimeTeacher · 14/03/2024 01:04

To add, these have been the same 3 days for the past 3 years.

Does anyone think I could have a case for breach of the implied term of mutual trust and confidence if they impose the change without my agreement?

OP posts:
PartTimeTeacher · 14/03/2024 01:10

@Flatleak, I’m sorry but this is something that’s really effecting me. It might just be an annoying bunch of posts for you to look from a stranger on the internet. In the real word I’m here becoming more stressed and anxious and trying to explore my rights and every possible option. I’m unable to think about much else and what as much advice as I can get so I can go to my employer with the relevant facts.

If you’re not interested move on. I need help right now at what feels like an incredibly vulnerable time and am free to post (as many times as I feel I need to) about that.

OP posts:
Flatleak · 14/03/2024 01:12

Of course you are, but you'll get better advice with one post you put all the information on. In the meantime at least me replying will keep you in active Wink

PartTimeTeacher · 14/03/2024 01:16

The reason I didn’t do this @Flatleak is that sometimes people don’t look at the updates. I don’t want people keep responding to my original post when my question is now if I have legal grounds to claim that there’s a breach of the implied term of mutual trust and confidence given that there’s been absolutely no consultation.

OP posts:
MrsPeannut · 14/03/2024 01:41

PartTimeTeacher · 14/03/2024 01:04

To add, these have been the same 3 days for the past 3 years.

Does anyone think I could have a case for breach of the implied term of mutual trust and confidence if they impose the change without my agreement?

No. As crap as it is, your contract will likely contain a provision that allows them to make such changes. If you don’t agree, they can just make you redundant. None of that needs a consultation when it’s just one person involved.

PartTimeTeacher · 14/03/2024 03:03

@LutonBeds, thank you. I'll call tomorrow and see if they can offer any guidance.

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