Work wants to change my contract before agreed date.

[Fruityflapjack]

Hi all,
I have also posted in legal but someone suggested here also.
I will try and keep it brief.

I went on maternity leave in January 2013 and finished in January 2014. I then had 8.2 weeks of annual leave to take.

I am currently in a 37.5 hour week role. In December I applied for flexible working to reduce to 30 hours per week. At the formal meeting held in January, this was rejected due to 'service need'. After some negotiation we agreed I would reduce my grade and hours to 22.5 hours per week. This would be a move in area also.

Work were aware that I was scheduled for cataract surgery in March and would go onto long term sick leave once finishing annual leave. During the flexible working meeting I was informed that I would remain on my FT role until my return from sick leave. Then my new contract would commence. This was detailed in writing in my meeting outcome letter.

Whilst on sick leave, I have liaised with my old boss and my new one and kept them fully informed of my progress etc. I now need a second operation and it is unlikely I will be able to return until September.

I organised a meeting with my new boss which was at the beginning of May to meet and introduce. At mutual agreement an informal sickness review was also carried out at this time.

During this meeting she informed me that she would be making the contractual changes now. The reason being that when it was agreed that no changes would be made until my return from sick leave, it was anticipated that I would return at the end of may. Now it needs reviewing.

We have scheduled a meeting to discuss this on the 30th of May in a formal setting with HR and union representation.

I need to know if they can do this and if so how?
How much standing does the previous agreement have as detailed in my outcome letter?
Is there anything I can do to prevent this from happening?

Many thanks in advance.

Does the contract variation letter say a date or just "when you return from sick leave"?

Thanks for the response Flowery.

The letter says;
"..the change will become effective on your return from sickness absence. When you have an indication of the timescale for your return please contact (new managers name) to discuss plans and arrangements so that (manager) can complete the necessary paperwork.."

Is it worth mentioning that I have not been issued with a new contract. The only contract I have is for my FT post which incidentally is for a post previous to the one I am in.

(Whilst on maternity leave my role was merged with another managers and I was placed in a new area. I was not subjected to a change management process as I tried to be accommodating. Pah!)

BTW it's public sector if that makes any difference?

You don't need a new contract unless there is an internal policy saying so. From a legal point of view a letter varying the contract is fine.

Of course, what they should have put in the letter is "on your return from sickness absence or on x date, whichever is the sooner But they didn't.

Resist. The letter is clear, your terms change when you get back, and if they want to change sooner they need your consent, which you are not prepared to give. Ha. (Don't say ha though)

Flowery

I shall resist. Is there any law or anything I can quote and read up on a bit? IME, they tend to get a bit wobbly if you know what your talking about, or look like it.

It really saddens me as I've tried so hard to be a good employee over the years. It's a shame that it's not reciprocated

Oh, and thankyou

This ACAS guide is pretty good

Basically, if they unilaterally change the terms of your contract it would be a breach of contract. You have agreed to a change on x date, but have not given your consent to a change on x date.

That's very helpful. I've had a read and will contact them on Tuesday.

Thankyou Flowery