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Contract of employment

7 replies

Bossko · 04/06/2024 18:56

I was employed as a remote worker in March 2023 and my signed contract confirms this. My employer is now saying that I am a hybrid worker and that my contract was changed in august 2023. I had no consultation of this with my manager and the other remote workers have not had their contracts changed. Can my employer do this to just me without a new signed contract?

OP posts:
Arlanymor · 04/06/2024 19:06

No he can’t - contract variations have to be agreed before amendments are ratified. Also why is this coming up now if apparently things changed in August 2023? He really doesn’t have a leg to stand on. Are you unionised?

Fab238 · 04/06/2024 19:08

Whilst your manager may not have a leg to stand on, remember they can dismiss you as your service is less than 24hrs, and you'll have no recourse.

Karensalright · 04/06/2024 19:11

I think last op means employed less than two years which means he can dismiss you, and you would have no recourse, unless you could show discrimination under the Equalities Act.

Bossko · 04/06/2024 19:17

I work for a large bank and I am not sure if there is a union. For info there was a consultation period of 90 days for staff on temporary home working to have the contract updated to hybrid but at the time I didn't concern myself as I knew my contract clearly stated home based This feels rather stupid In hindsight as they have clearly changed the contract. I left a higher paid role that I had been in for over 20 years as I wanted remote work as I am a carer for my parents. I am totally stressed as my managers response was your contracts changed you have to come in

OP posts:
Karensalright · 04/06/2024 20:04

the additional information you have provided suggests that you have changed your role within the same company so you would in those circumstances have continuous employment so they can not just dismiss you under the two year rule as mentioned up thread.

It is not clear from what you say whether the scope of the consultation, regarding remote workers, included those with permanent remote worker status.

If it did then you may not have an argument as they did consult.

However they should have furnished you with a new contract to sign when this policy was changed.

It would be worth looking into the company policy on people with career responsibilities if one exists.

I think the best approach after that, is to contact your manager, in writing and explain what you have said about you having a permanent home working contract, and why, and that a misunderstanding appears to have arisen. Set out why it would not be possible to hybrid work.

If you get no joy then lodge a grievance.

Bossko · 04/06/2024 20:31

Karensalright · 04/06/2024 20:04

the additional information you have provided suggests that you have changed your role within the same company so you would in those circumstances have continuous employment so they can not just dismiss you under the two year rule as mentioned up thread.

It is not clear from what you say whether the scope of the consultation, regarding remote workers, included those with permanent remote worker status.

If it did then you may not have an argument as they did consult.

However they should have furnished you with a new contract to sign when this policy was changed.

It would be worth looking into the company policy on people with career responsibilities if one exists.

I think the best approach after that, is to contact your manager, in writing and explain what you have said about you having a permanent home working contract, and why, and that a misunderstanding appears to have arisen. Set out why it would not be possible to hybrid work.

If you get no joy then lodge a grievance.

The change only affected staff that had hybrid or office on their contract. It made no mention to staff who had home based on their contracts.

OP posts:
Karensalright · 04/06/2024 20:36

that is where the misunderstanding seems to have occurred so i would approach it like that.

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