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Changing work days without agreement

14 replies

marriednotdead · 05/12/2022 20:52

I work part time, 2 consecutive days per week with occasional extra days if it suits. Been there just over 7 months so probation over. Contract names my normal working days and mentions that any additional days/hours would be by agreement. Employers can be disorganised and change their minds, expecting staff to just bend at will.
I was asked to do an additional day permanently a couple of months ago, but the day offered wasn't one I could do because of other commitments (that they are fully aware of) so I declined.
They have now 'asked' me to change one of my days to another. I spoke to the manager by phone and explained that changing my day permanently doesn't work for me but I've offered to look at my diary and work that day when I can, maybe a couple of times a month. Half an hour later I got an email saying that they were giving me a months notice to make the change anyway because that's what they need me to do, citing the fact that I was aware that they were looking for flexibility. They also referenced me 'coming to the end of my probation' which felt like a veiled threat!
If I decline to do this other day, it states I will only be required to work the one day not in dispute.
I spoke to ACAS who were not clear whether they could do this. Part of me thinks I will just agree to do the one day, the other to just resign. They've been difficult and disorganised so there's every possibility that they'll come back with a different plan or demand.

OP posts:
bananamum13 · 05/12/2022 21:47

Sadly, yes they can as you have been there less than 2 years. They can let you go for any reason that isn't discriminatory.

carefulcalculator · 05/12/2022 21:51

In your situation I would agree to change, try to negotiate a konger period before the change kicks in and search for another job. They can dismiss you if they wish so you may as well

I would take another LESS convenient job at a better company rather than put up with their bad attitude, they sound like a bad employer because you made an agreement and they have not stuck to it.

Has your probation been signed off as passed?

marriednotdead · 06/12/2022 06:47

You’ve echoed my initial thoughts @carefulcalculator. Yes, probation signed off as satisfactory and everyone else is happy I’m there because I can do the job well.
I wanted a perspective without adding the other nonsense- they’ve hired someone else for the role who can only do 3 days, one of those is the one they want me to give up! I’m going to tell them that I will accept the change to just one day, which they won’t expect.

OP posts:
carefulcalculator · 06/12/2022 07:04

They sound dreadful, really sorry they are treating you like this Flowers

carefulcalculator · 06/12/2022 07:05

Sometimes it is just easiest/most satisfying to be 'fine' with them and then just leave.

MaverickSnoopy · 06/12/2022 07:10

I always think there are 3 things to consider in situations such as this. 1) whether the job works for you and your lice, 2) how much you need the money and 3) a reference in the future (not saying they wouldn't give you one).

If you're happy to move to one day then that's what's best for you. Do consider what would happen if they then counter acted and said actually they need someone who can do 2 days and therefore must let you go.

marriednotdead · 06/12/2022 19:51

Well today I messaged and said I would not be working the day in question. They’ve decided to give me a new contract for one day only. I’m not going to rush to sign it, they’ll probably change their minds again…

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Princessglittery · 06/12/2022 20:35

They are prioritising the new hires choice of days and expecting you to fit in. That is not right.

Do not sign the new contract and continue to work your contractual 2 days.

An employer can ask you/require you to change working days but they must follow a fair process.
workingfamilies.org.uk/articles/the-law-when-an-employer-asks-you-to-change-your-hours/
www.acas.org.uk/changing-an-employment-contract/employer-responsibilities/proposing-employment-contract-changes

If you are in a TU contact them asap. If not try to get legal advice.

pp are correct you need to work 2 years to get employment rights. However, that is waived if you are discriminated against, you may be able to make case for sex discrimination as you are if part time - this is why you need legal advice.

What you may need to do is raise a grievance a) have they followed a fair process to change your working pattern b) was a fair process followed to select you to change working pattern I.e. why does new hire get priority to pick days? c) possible sex discrimination - you need legal advice for this.

Check to see if you have legal cover on your house or car insurance.

Princessglittery · 06/12/2022 20:37

It is really important you work your 2 contractual days, not working the one in question means you have accepted the contractual change irrespective of whether or not you sign the new contract.

marriednotdead · 12/12/2022 19:21

Update. Yet more annoying micromanaging and low level unpleasantness from one particular boss, realised how much it's getting me down. Have tonight emailed my resignation. Hate conflict/confrontation so the next month will be uncomfortable but I know I'm not the problem!

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carefulcalculator · 12/12/2022 21:32

I think it is good you have drawn a line, sometimes it is simply not worth it. I hope you find something much better!

Princessglittery · 13/12/2022 10:14

Sorry it’s gone this way. Good luck in finding a new job.

marriednotdead · 14/12/2022 11:03

@Princessglittery @carefulcalculator
Thank you for your good wishes.
I have a zero hours job elsewhere that I can pick up extra hours for now, it's not ideal but it's better than nothing.
Interestingly they have told my replacement that I'm leaving because I have family problems- neither mentioned in my notice nor relevant!- whilst not acknowledging my notice to me at all, and being unusually polite in their interactions. My colleagues have warned me that their next move will be probably to try to talk me round.
Karma is already in play because my replacement has now gone sick, and has privately told me they don't plan to stay for the same reasons I had.

OP posts:
Princessglittery · 14/12/2022 11:11

@marriednotdead interesting update, glad you have the 2nd job.

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