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Urgent plea for help re: working hours and role implementation

6 replies

InWithTheITCrowd · 02/06/2013 17:57

Hi - I hope someone can help me, because my DH and I are really worried.
I will try to keep this brief.
My DH has been working for his current employers for 9 years. He works Monday - Friday 5:30am - 2pm. There is a degree of flexibility, and he has frequently worked later including weekends and evenings, but has also sometimes finished earlier. This has always been on an ad-hoc basis.
We are currently abroad on holiday, due to return to work on Thursday. The day before we left to go on holiday, my DH's employers told him that they were restructuring and there would be lots of changes. It is a change to his role and a huge change in working hours.
Whilst we have been away, he has received 9 emails from his employers detailing the restructure and the expectation of him. Two emails were marked "urgent" and asked him to respond immediately confirming he was receiving the emails. He didn't, and then one of his colleagues contacted him on Facebook (which we have been posting on) stating that the boss wanted confirmation on receipt of emails.
DH returns to work on Thursday 6th June. His new hours and role "WILL" start on Monday 10th June.
It will be mon-fri, a different job, and the hours still total 40 a week, but 3 days a week, he is expected to work from a different location which is further away, with no addition mileage compensation.
His hours will be 6am-6pm on Monday, 10am-10pm on Tuesday; a couple of regular 8 hour days and a two hour shift on Thursday. He will have to travel for 90 minutes each way to get to work.
I amended my working hours when I finished maternity leave, to suit his - so I do child care drop-offs and he does pick-ups. No way can we accommodate these massive changes, which will mean he isn't home until much later 4 days a week.
I believe that they cannot impose these unilateral contract changes, and certainly cannot implement them with. What is technically, three workin days notice.
I also believe they have acted inappropriately by contacting him when on annual leave.
His pay will remain the same (it is not a well-paid job) and on one of the days he will be expected to drive around pubs and restaurants in the local area, doing various pub quizzes and marketing. This is categorically not in his job description.
Is there any advice that anyone can give me? We are not unreasonable and understand that thee are business needs that mean restructure is necessary, but this timescale is untenable. The emails from the boss have stated that the hours are non-negotiable and must take place from 10th June.
Childcare aside, we have plans in the evenings anyway, and even if he finishes at 6pm, he won't be home until 7:30pm at the latest. The 10pm shift won't work either, as we do a course together on Tuesday nights.
Please, if anyone can advise me, I would really appreciate it. We will contact ACAS on our return, but we just need some advice as the timescale is so against us here.
I am abroad, as mentioned, so apologies in advance if my replies are slow as wifi is intermittent.
Really appreciate any and all help

OP posts:
2Retts · 02/06/2013 19:44

Hi there...so sorry you're having to deal with this stress whilst you're taking a holiday.

This area of law is fairly clear but not necessarily straightforward as you will need to think about the repercussions of however you choose to address the matter...particularly in this current climate.

I'm just adding this quick link so you can do some basic back-reading in the meantime...hope it helps. There are loads of free resources out there from the unions and from the gov.uk website too.

www.worksmart.org.uk/rights/can_my_employer_change_my_contract_of

InWithTheITCrowd · 03/06/2013 05:11

Thank you for the reply - I will check out the link :)

OP posts:
FadBook · 03/06/2013 06:00

This is roughly how they should have done it:

Notification of proposed changes (announcement, letter and/or email)

Consultation of proposed changes (either group consultation and/or 121 meeting)

Listen to any concerns or barriers to propsed changes.

Discuss business reasons for changes. Be open to alternative proposals.

Acknowledge that 9 years of working a particular pattern and role, would be a significant change to contract if changed; and consider if the role is redundant or give statutory notice to employee [DH] of change/variation to his current contract of employment (ACAS have a booklet on this called Variation of Contract of employment - have a read)

DH to then consider his options during notice period.

**

So, with the above in mind, I would be writing a reply back on email, along the lines of:

Dear boss

I have received [number] of emails, although they have not been read in detail because I'm on annual leave.

From what I can gather, you are wishing to make significant changes to my working hours, pattern and job role and as such, this requires a meaningful consultation before any changes are implemented.

My annual leaves ends on [date] and I will in work at my normal time of 5.30am the following day. I suggest we have our 1st consultation meeting to discuss this in further detail and when you intend to implement the proposed changes to the business.

I think it is fair of me to say that 3 working days notice of such a change is not only illegal but impractical and unfair when I'm currently on holiday and have had no direct discussions with you about the business reasons for the change (something which you are legally required to do). Nor have we discussed alternative options or the required statutory notice that you must give if you are changing my contract of employment.

I don't mean to sound harsh but the emails and method of getting in touch with me (John contact me through Facebook) is inappropriate when I'm on annual leave. If this was important to discuss, a date should have been arranged to discuss in person prior to my holiday or after.

Please refrain from sending me further emails on this matter until after my annual leave ends.

Regards, DH

BeckAndCall · 03/06/2013 07:02

OP beware of taking legal advice directly from here - for example, you have not told us the size of employer or the details of your DH's contract. Or whether unions have been consulted. All of these things could be relevant.

Before you use the email template suggested above, be really sure you have an understanding of the employers rights to change working practices, too.

2Retts · 03/06/2013 13:43

Totally agree with BeckAndCall on this one. Definitely not enough info to send an email which could be viewed as 'aggressive' and therefore counter-productive to the potential for negotiations.

Take advantage of all the specialist resources that are free and get lots of advice before taking action.

PS It's likely the most helpful and relevant advice you will receive will come from the professional who asks for the most detail about the individual situation.

InWithTheITCrowd · 03/06/2013 14:18

Thank you for all replies - we won't do anything until we are back in the country and can consult someone about our rights, but the timescale is so short, we just wanted a bit of advice as to how best to proceed in the short term.
The company is small - around 8 full time members of staff. There is no union available and his contract is pretty generic.
It isn't the fact that they wish to change things that is the issue, it is the scale of the change, the unlrofessionalism and the timescale which we feel are unreasonable. We will comply with t&c changes, but only once they have been down the right road in terms of consultation and discussion.
We found out yesterday that the changes have been announced, both to staff and to the end users. We feel that is unlawful.
Thanks again for all replies and advice - I think we just needed reassurance that we should challenge this, professionally.

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