Can My Employer Force Me To Change My Shift

My employer wants to change my hours, location or other terms of my contract – what are my rights?

Final updated: 27 April 2022

Sometimes your employer may want to make changes to your employment contract, such as your working hours or location that yous may not be happy with. This could exist because they don't seem fair or are unfavourable to you lot – for instance, your employer may be reducing or changing your hours or changing your identify of work or reducing your pay.

In this article, we explain your rights and options available to you when your employer tries to change your terms of employment.

We cover issues arising when your employer makes changes the terms of your contract without your agreement (sometimes called 'imposed change') and 'dismissal and re-appointment or 'fire and rehire' tactics. This is when your employer gives discover to terminate your existing employment contract and makes an offer of employment on the new terms, which may exist less favourable to you.

As this is a complicated area of the law, we recommend that yous seek legal advice on your options if yous notice yourself in this situation.

How employers may try to make changes to your contract

There are four main means an employer can try to brand changes to your contract without your agreement:

Your employer imposes new terms on you without your understanding or consent (sometimes called 'imposed alter') e.grand. tells you your days or hours have changed from your agreed design;
Your employer gives you written detect of the changes under a "variation clause" in your contract;
Your employer seeks to agree changes but threatens to dismiss employees who don't agree; or
Your employer terminates your existing contract and offers y'all re-employment under a new contract on the changed terms (sometimes called 'new for old', 'dismissal and reengagement' or 'burn down and re-hire').

Your rights if your employer changes your contract

Usually your employer needs your understanding to modify your contract. Some changes may be difficult for working parents and carers to concur to because of caring responsibilities. If you are concerned about the changes you should explicate clearly the reasons why and give the background to why they may be peculiarly hard for you to agree to and how they may touch you e.thou. because of childcare responsibility/nursery hours; your partners shift design or if you are a single parent and have sole responsibility for caring for children or if you care for an adult. This volition assist to indicate that there should exist additional consideration under the Equality Human action.

You tin turn down to accept the modify, and your employer normally cannot force yous to take it merely there are some exceptions to this and ways employers can impose changes.

If you lot are happy with the change, y'all tin agree to the new terms verbally or in writing – nosotros recommend that you concur the alter in writing, and get in articulate if the change is but intended to be temporary (or information technology may become a permanent change).

If you are unhappy with the modify,

you tin commonly decline. But at that place are some exceptions – for example, if your contract allows your employer to make the specific alter and the alter is reasonable.

If y'all practice not tell your employer that you are unhappy with the change and get-go to work nether the new terms and atmospheric condition, your employer may take this as your agreement to the change.

Check your contract

The commencement matter to do is read your employment contract.

Right to written terms

Employers are required by law to provide employees and workers with a written statement of particulars stating the main conditions of employment. If y'all oasis't got annihilation in writing, call up about what has been agreed orally betwixt you and your employer and what your job looks like on a day to solar day basis. This is even so a contract. If there has been no formal agreement, simply you have worked in a item way for some fourth dimension with the permission of your employer, you could contend that your current arrangements are office of your contract.

Variation, Flexibility and Mobility Clauses

An employment contract can only be varied if there is agreement or if the terms allow information technology. You should check your contract for wording that allows your employer to vary your terms without your agreement, sometimes chosen a 'variation' or 'flexibility' clause. The wording must be clear that your employer tin can make the blazon of change they desire to make. It may explain the process for making changes and any observe you should be given.

If your contract is clear and says that your employer can brand the specific alter that they want to make eastward.g. to vary or reduce your hours, then your employer may be able to brand the alter without your understanding. Although you may nevertheless accept rights to protest the change.

If your employer wants to change the location of your place of piece of work, they may seek to rely on a 'mobility' clause in your contract. To exist enforceable, mobility clauses must usually exist clear and specific nigh the potential for your work location to change. Your employer must act reasonably when using a mobility clause, otherwise y'all may have claims against them (come across below).

Even where there is a variation, flexibility or mobility clause, this is generally but allowed to exist used for reasonable changes which are minor administrative changes and not detrimental to you lot.

If the change is unworkable considering of your caring responsibilities, you are however able to protestation the change (see Working under Protest below) and we recommend that y'all seek legal advice (see beneath) in case the change requested could amount to discrimination.

All these factors will affect whether or not your employer tin legally change your contract, and whatsoever claims yous may be able to brand confronting them.

There may also exist an exception if you're in a unionised workplace.

My contract does not accurately describe my hours/location

If your written contract is out of date or does not accurately reverberate how yous work, you may want to prepare out your understanding of your employment agreement with your employer and write down anything you have verbally agreed around your working pattern. These terms should even so be role of the contract, even if it is non in writing. For example, if you take worked a certain pattern or in a detail location for a long fourth dimension with your employer'south approving, and so y'all would seek to contend that this pattern of work is part of your contract through even if information technology is not in the written contract.

You can ask for your employer to provide you with updated employment particulars which reflect your current agreement.

Your contract may also include 'custom and exercise' terms, which are often unwritten. This type of term could become part of the employment contract, if it is regularly adopted (east.one thousand., a regular exercise for a pregnant period of fourth dimension) and is customary in your workplace.

For example, an employee could expect to continue working 9am to 5pm, even if their contract says their hours are on a shift footing, if they have been working that way with their employer's understanding for a meaning period of time. However, if you are only working 9am to 5pm temporarily to help you arrange childcare, then it is unlikely that this temporary modify would form a permanent term of your contract.

I don't take a written contract

All employers are required to give their employees and workers a certificate setting out the master conditions of their employment or engagement when they start work. This is known as a 'written statement of employment particulars'. Yous can ask your employer for your written particulars.  Run across our employment contract page for more detail on your rights in this area.

If you don't have anything in writing, think about what has been agreed verbally between y'all and your employer equally it is likely to all the same be part of your employment contract.  If y'all have worked a sure design or in a detail location for a long time with your employer's approval, and so this pattern of work may form function of your contract fifty-fifty if it is not in writing.

My contract has a variation or flexibility clause

If there is a term in your contract which allows your employer to modify your terms without your agreement, sometime called a "variation clause", this only is mostly allowed to be used for reasonable changes of a minor and non-detrimental nature.

The variation or flexibility clause usually must be very specific in guild for the employer to utilise it. For instance, if your employer wants you to work weekends, only you have only previously worked weekdays, the clause should say the employer reserves the correct to ask you to piece of work weekends under certain specific circumstances.

Employers are unlikely to be able to rely on broadly written flexibility clauses to make annihilation other than small authoritative changes that are non detrimental to you. For example, your contract might say broadly that your employer reserves the right to alter your hours of work. If that is the case, they may non exist able to crave you to work weekends if yous take never washed so earlier, particularly if that change would be hard for you (due east.g. because of your caring responsibilities).

If your employer is seeking to modify your hours or relocate you nether a specific clause, whilst this might not appear to the employer to exist a big modify, information technology may have a negative impact on y'all and your family life or information technology may impact your childcare arrangements.

Depending on the nature of the modify, and its touch on you, you therefore may still be able to protest the modify (see below) and make a merits even if your contract has a variation, mobility or flexibility clause.

If you are unsure, you should seek advice.

My employer wants to end our flexible working agreement

Flexible working agreements made after a statutory flexible working asking course a permanent change to your contract, even if this is not written unless it is expressly agreed to exist temporary or on a trial footing. If yous work flexibly and you never made a statutory request, the change may besides have become a part of your contract through custom and exercise. See 'My contract does not accurately draw my hours/location' above.

If you have a flexible working agreement in place, your employer can but modify your flexible working agreement with your consent. If y'all exercise non agree to the change, y'all tin can protestation and bring claims against your employer (run into below).

If you are unsure, you should seek advice.

Changes agreed during COVID-19

Many employers are having to modify terms because of the economic impact and rules in place to protect public health due to COVID-19. Employers may demand to brand changes to adjust to make workplaces COVID secure or to let for homeworking, or may accept opted to change contracts equally an culling to back-up where there is a reduced demand for a particular type of work. Many employees who have been furloughed may exist returning to work but observe that their employer is now offering unlike hours, work on different days or lower pay.

Many of these changes will be temporary to follow government guidance, eastward.1000. full-time habitation-working or changes to hours to conform a staggered start and cease time if people demand to attend a place of work.

The bear upon of changes that have been needed considering of COVID-nineteen have not yet been tested in the Employment Tribunal. Many people may have Covid-19 related changes that they understand are on a temporary basis just unless this is clear and in writing, employers may seek to debate that they are or have become permanent. To protect against this, it is important to let your employer know that you are accepted any Covid-19 related changes on a short term basis, only that in one case the risk has lifted then you will wait to return to your existing contract.

Whenever dealing with your employer over employment matters it's always best to put things in writing, and so you lot can go on a re-create of all letters you send and keep a copy of their responses. When you write to your employer, if your employer hasn't given yous whatsoever observe nearly the changes, or hasn't consulted with you in any manner to seek your agreement you should mention this in your letter or email. Top Tip: Whenever y'all have any conversation with your employer about your employment, ship yourself an electronic mail summarising the conversation and then you lot accept a note with a time stamp, and also follow upwards in writing to ostend the agreement if your employer doesn't do this.

If y'all are happy with the changes you may seek a more permanent arrangement and expressly request that this becomes permanent – see our flexible working guidance for more data.

Your options if your employer changes your contract

If your terms are changed without your understanding, and in that location is no clause in your contract allowing your employer to do so, and then this is probable to be a breach of contract.

In this example, your options are:

Do nada and carry on working the new hours, making no objection. You will virtually likely be seen to have agreed to the change;
Negotiatewith your employer to seek understanding or compromise;
Go on working under protest and consider bringing claims against your employer, depending on the alienation. To do this, yous demand to allow your employer know in writing that yous object to the change. Nosotros have a sample Letter of Protest;
Refuse to work the new terms, and go along working your old terms;
Yous may have already resigned from employment and you may seek to claim constructive dismissal. Please note that you should e'er take legal advice before you lot resign equally constructive dismissal claims are very difficult to bring.

If you are a member of a union, you lot can also involve your spousal relationship to protestation to the change on your behalf.

Working under protest

If you are prepared to continue to work simply disagree with the change, you should tell your employer and state in writing that yous're working 'under protest' until the problem is resolved. This shows that y'all have not agreed but y'all are prepared to try and work things out informally with your employer. You should objectwithout delay as soon as yous know nearly the change.

If yous carry on working as normal without telling your employer you don't concord, it may be taken as bear witness that you have agreed to the modify. There may be an argument that yous have non agreed in cases where you try the new working arrangements then protest in one case y'all realise the touch volition be then adverse that you cannot have it.

Your letter should state that you believe your employer has breached your contract of employment and that you are working under protestation. If yous accept a wedlock or an employee representative, they can make these protests on your behalf. This template Alphabetic character of Protest may help y'all. You may then keep to negotiate with your employer to seek to resolve the result.

Refusing to work on the new terms

If you tin't work under protest, you may cull tell your employer that you lot won't or can't accept the modify.  An example of this may be where you lot have been told that your shift has changed to a night shift and y'all don't take childcare. Y'all should ask your employer why they are making these changes and suggest alternatives that you could do.

If you decline the change and pass up to comply with the new terms, you would continue to work in accordance with your existing or original terms of employment. However, you may be putting your employment human relationship at risk and your employer may offset disciplinary or dismissal proceedings against yous. If you were to be dismissed, depending on the circumstances and the seriousness of the change, y'all may accept a merits for wrongful dismissal, unfair dismissal or even discrimination . Yous should seek legal advice if y'all are considering this and bringing a claim confronting your employer. It may exist that a dismissal in these circumstances could be seen every bit fair, depending on the reason for the alter.

If yous have already resigned

If the change your employer made was then serious or bad that it is a fundamental breach and you felt you had no selection merely to resign y'all may seek to bring a claim for constructive dismissal (encounter more below). This is a high-risk selection and you should seek legal advice before resigning.

Nosotros would not recommend resigning, but rather to continue to piece of work under protest and seek to accomplish agreement whilst protecting your employment wherever possible.

It may be that your employer will dismiss you for your refusal to agree giving you a potential unfair dismissal claim. Whereas in constructive dismissal, information technology is for you as the employee to bear witness that your employer's breach of contract was so serious that it terminated the employment contract. This is a very difficult merits to bring and there is no guarantee the Tribunal will concur with you.

From a fiscal point of view, as shortly as you resign to claim constructive dismissal your employment human relationship and your contract is over immediately (as yous would non normally give observe) and you would therefore no longer be entitled to pay or benefits. In the short-term, yous will lose your income if you don't accept some other chore lined upward to go to.

Potential claims

If your employer tries to forcefulness you to have new terms of employment, or dismisses y'all and tries to offering you new employment, yous may have a number of potential claims against them.

Note that claims in the Employment Tribunal can be circuitous and accept a long time to resolve. There are as well strict time limits. You should seek advice before deciding to beginning a claim, or follow the steps outlined below.

Breach of contract

If your employer tells you lot they are changing your terms without your agreement, and there is no variation clause in your contract allowing your employer to practice this, then this is a breach of contract. It may still be a breach of contract if you have a variation clause in your contract, but the particular change they are trying to impose is non specifically and clearly referenced and/or the modify is unreasonable and detrimental to you lot.

If you are still employed and working nether protest, yous would need to bring a claim for alienation of contract confronting your employer in the civil courts if you believe they have non given you the electric current period of notice required under your contract. This is because the Employment Tribunal is limited to contractual claims that arise or are outstanding on the termination of employment, so the tribunal cannot consider a claim for alienation of contract while your contract is however running. Be careful though – claims in the ceremonious courts carry the run a risk of costs if they fail, and fifty-fifty if you win a alienation of contract claim you will most probable only get a small amount of money. If you lose, you may be required to pay your employer'south legal fees for defending the claim.

In practise, it tin exist hard to bring a claim confronting your current employer whilst you remain in employment considering your human relationship is likely to break down. For these reasons, unless it is for a significant amount, it is frequently not worth bringing a breach of contract claim unless you have left your employment and tin combine it with another claim in the Employment Tribunal (i.e. unfair dismissal, discrimination or constructive dismissal).

Unfair dismissal

If your employer tries to force y'all to accept the modify and dismisses yous if you do not take the modify, depending on the circumstances you may take a claim for unfair dismissal if y'all have been employed for two years or more than.

It may as well be a dismissal if your employer makes a substantial change to the terms and atmospheric condition of your contract of employment without your agreement, meaning that in legal terms, you have effectively been dismissed and re-employed under a new contract. In this circumstance yous may also accept a claim for unfair dismissal even where you accept the offer and remain employed on the new terms.

If yous claim unfair dismissal in circumstances where you were fired and immediately offered to be rehired on new terms, your employer may be able to fence that you lot have not suffered any loss east.one thousand. loss of earnings, as you remain employed or that you lot could have mitigated (lessened) your loss if you had accepted the terms, just this will depend on whether the new terms involve any drop in income for yous and the touch on your caring arrangements.

Your employer may be able to justify their deportment east.g. if this was an alternative to redundancy. If you are dismissed or forced into accepting new terms of employment, we recommend that seek farther advice straight away.

Failure to Inform and Consult

Where your employer proposes to dismiss (and offering to re-hire on new terms) 20 or more employees, the obligation to collectively consult with employees volition apply. Equally collective consultation requires your employer to meet very specific obligations, if they do non exercise then, y'all could accept a claim for failure to inform and consult depending on exactly what the failure is. You lot should take legal advice if your employer has failed to follow these rules, as you may have a claim for a protective award. Failure to comply with the collective consultation obligations may result in the employer being ordered to pay a protective laurels of upwardly to 90 days' pay to each affected employee. The employer is as well required to notify the Secretary of State and failure to do so tin result in a fine and is a criminal offence.

For data on collective consultation, see our page here: Commonage Consultation when your employer dismisses over 20 employees. If y'all believe that your employer has failed to meet these obligations, we recommend that yous take legal advice earlier deciding to bring a claim.

Constructive dismissal

If the contractual change is so serious that information technology is a key breach and yous feel you have no choice just to resign, you may seek to bring a claim for effective dismissal. This is a high-risk choice, and you lot should seek legal advice first.

We would not recommend resigning, merely rather go on to work under protestation and seek to reach agreement whilst protecting your employment wherever possible. This is considering in constructive dismissal, it is foryou lot to prove that your employer's breach of contract was then serious that you considered the contract was terminated by your employer. There is no guarantee the Tribunal volition agree with you.

If you decide to take this route, you must state that your employers breach of contract was and then serious that you have no choice, yous can no longer work for your employer and state that you have been forced to resign. You should set out the background to what has happened and why this was such a fundamental breach for you. To prove constructive dismissal, it is not enough to prove that your employer behaved unreasonably. Y'all have to show:

that your employer'south comport was in fundamental alienation of your employment contract; and
that information technology was your employer'southward actions which caused you lot to resign – or was the principal reason for your resignation (not some other reason, such as being offered some other chore).

In most circumstances, you tin can only bring a merits at the Employment Tribunal for effective dismissal if y'all take been employed by your employer for at least 2 years. At that place is an exception if you lot have been discriminated against, or if your employer is imposing a modify to your contract because you accept exercised a statutory right. In that case, you can bring a claim confronting your employer regardless of how long you have worked for them, considering the dismissal would be 'automatically unfair'.

Timing is key: If you choose to resign considering you really experience you have no choice it is important that yous do not filibuster, or this may exist taken equally bear witness that you have agreed to the breach of contract or information technology undermines your statement that it is and then serious a breach. If yous determine this is your only option, when y'all terminate your contract to claim unfair dismissal, you must make information technology clear (in writing) that y'all had to resign and consider the contract to accept been terminated immediately considering of the employers actions (rather than resigning in accord with the contract), otherwise you lot may non exist able to claim effective dismissal.

Discrimination

If you are a woman, you may be able to claim indirect sexual activity bigotry in relation to a change if it is forced upon you and results in your being subjected you lot to a detriment because of your childcare reasons. Working Families intervened in the recent case of Dobson in the Employment Appeal Tribunal, which confirmed that women bear the greater burden of childcare responsibilities than men and that this can limit their ability to work certain hours and shift patterns. This "childcare disparity" must be taken into account by employers.

If your employer has a skilful business reason for the change and that their actions are proportionate, then they may take a defence to your claim for discrimination. At the tribunal your employer would have to clearly show that their actions were a proportionate ways of achieving a legitimate aim, in summary this ways:

That at that place was a 18-carat concern reason for the alter; and
That it was necessary to change your way of working, even when considering the effect on yous personally.

So, fifty-fifty if in that location is a genuine need for the modify your employer would need to expect at other ways of organising the work so that you personally practise non have to change, for example, employing an additional function-timer to work on certain days instead of requiring you to practise it. If there is genuinely no way they could arrange things for y'all though, their actions would likely be justifiable.

Unlawful deduction of wages

If the alter is a pay cut or results in reduction of pay or change to holidays/benefits, yous may take a claim for unlawful deduction from wages which you lot can pursue in the Employment Tribunal. This is ofttimes preferable to a breach of contract merits which would need to be brought in the ceremonious court while your employment is continuing (see above).

What to practise next

We recommend having discussions with your employer first with a view to attain an understanding and compromise to preserve your employment where possible.

You can also consider submitting a statutory flexible working request to request the hours and working pattern that works for you lot. All the same, if yous put in a flexible working request, in that location is a risk that this will be taken to mean that you accept the modify that they have suggested and that you are now requesting to change the contract once more. This volition get in hard or impossible to bring certain types of claims (e.chiliad., constructive dismissal).

If you lot put in a flexible working request, you should make it clear that you are making the request on the footing that you do not accept the changes made to your contract. You should practise this by writing on the front of the application "This awarding is made on the footing that I object to the change being made and that I do not agree that the change is lawful". Please meet our page for more than information on how to make a request here: Flexible working and the right to request – Working Families

Raise a grievance

If the discussions with your employer don't resolve the consequence, or you think your employer has treated you very unfairly and the relationship is breaking down, you can consider raising a grievance.

Raising a grievance is of import if yous recollect you might later on enhance a claim in the Employment Tribunal because failure to follow internal resolution methods can disadvantage your merits.

Information technology is often advisable to attempt and resolve things amicably, equally formal processes can damage your relationship with your employer. For legal insight into grievances and tips on how to engage with your employer before it reaches this bespeak, run across our article on how grievances practice more harm than skillful.

Make a merits in the Employment Tribunal

If you cannot come up to an understanding, if your employer dismisses you lot or you lot feel forced to resign, yous tin can consider a claim confronting your employer in the Employment Tribunal.

If y'all desire to submit an Employment Tribunal claim, in that location is a strict fourth dimension limitation to do and then – you must bring a claim inside three months less a mean solar day of the date your change occurred (for breach of contract), the date of your dismissal (for unfair dismissal), or the engagement of the acts complained of (for bigotry).

In guild to start the procedure of making a merits, you must outset contact ACAS to start early conciliation. For further details of the process for bringing an Employment Tribunal claim please see our manufactures on starting a claim.

The process can exist complex, so we strongly recommend seeking legal advice if you lot choose to do this.

Frequently asked questions

Beneath are some of the most common questions nosotros receive on our helpline virtually imposed change.

I tin can't agree to the change of hours because of childcare

If your employer tries to make y'all work unlike hours or in a different place, and you cannot comply considering of your childcare responsibilities, then you may have a claim for indirect sex discrimination if yous are a woman. Tribunals recognise that more women than men shoulder the main responsibility for childcare in gild in general – this is called the 'childcare disparity'. If you are a woman, you may be able to argue that your employer is indirectly discriminating confronting you lot by insisting you modify your hours.

However, if your employer can bear witness at that place is a actually good business reason for the change and that their deportment are a proportionate way of achieving a legitimate aim , then your claim would not be successful. To do this, they would have to conspicuously show:

that at that place was a genuine concern reason for the change; and
that it was necessary to modify your particular fashion of working, taking into account the consequence on you personally, of the proposed change.

So, even if there was a genuine demand for the change your employer would need to look at other ways of organising the work so that you personally did not have to modify, for example, employing an additional part-timer to work on Saturdays instead of requiring you to practice it.

Men are unable to claim indirect sex discrimination due to childcare reasons. Merely they tin can claim directly sexual activity discrimination if they can evidence that the employer treated them less favourably than women. Fathers tin can make a claim for direct sexual practice discrimination if women in their arrangement are beingness given more flexibility than they are. And so if your employer is making a modify to working hours simply are making an exception for female employees, you could accept a claim if they exercise not practice the aforementioned for you.

Y'all may likewise be able to make a claim if you tin can bear witness that if there was a woman in your state of affairs, she would exist treated improve.  Yous should seek legal advice before making this argument.

My employer is moving to a new location very far away, what are my rights?

Without a mobility clause in your contract, your employer cannot make you movement to a different site so far abroad. If the new place of work is unreasonably far from the current identify of work, you should be offered redundancy. Alternatively, you may likewise want to explore the option of remote working, and encounter whether any of your job could be washed from home if yous did want to stay with the visitor.

Even if at that place is a mobility clause in your contract, this can usually just be relied upon for changes that are non-detrimental in nature. The extra distance may also have such an impact on your childcare responsibilities that, if you are a woman, this could exist indirect sex bigotry, more information to a higher place.

If yous are unsure, you should seek advice on your options.

Can my employer dismiss me if I don't agree to a alter in my contract?

Unfortunately, yes. Your employer can dismiss employees who refuse to agree to the changes to their employment contract. They would still need to follow a fair procedure if they are dismissing you.

If you are dismissed considering you lot refused to hold to a alter in your contract or you refused to sign a new contract, and y'all take been employed for 2 years or more, yous may have a merits for unfair dismissal.

A n Employment T ribunal would expect at all the factors surrounding the modify and the decision to dismiss yous to decide if the dismissal was unlawful, including :

the employer's reasons for the modify
the style in which the dismissal was carried out

A change in the business concern, or your employer wanting to harmonise terms and weather can be a fair reason for dismissal. Tribunals give employers a lot of discretion about how best to run their business.

Merely your dismissal would exist unfair if you could prove that you were dismissed because of discrimination. If discrimination has occurred, you likewise don't demand two years' service to bring a merits. Yous should seek legal advice if this happens to you.

How far in advance should my employer warn me of any contractual changes?

Your employer should give you lot advance detect of any changes they want to make to your contract, and should consult with you beforehand. Usually, the required notice period for whatsoever change is the length of the notice to cease the contract. Look at your contract and the clause that says "Notice". Information technology should give a specific period of time . If they give you lot this notice, they can potentially avoid a breach of contract claim.

My employer changed a term in my contract a few months ago and I didn't object

It depends. Unremarkably, y'all should object without delay equally soon equally you know about the change. If you carry on working as normal without telling your employer you don't agree, information technology may exist taken equally evidence that you have agreed to the alter. There may exist some assart where you endeavour the new working arrangements and and then protest once you realise the impact will be so adverse that you cannot accept it.

However, in cases where a change to the employment contract did not accept an immediate effect on an employee, the courts institute that an employee's failure to object did non hateful that they were and so bound past the contractual term.

If this happens to you, you lot should brand it clear to your employer every bit shortly as possible that you did not agree to the change, and that you continuing to piece of work was not an agreement to the change. Y'all should likewise seek legal advice.

How long tin I work nether protest?

It is difficult to say, because sometimes standing to piece of work might be seen as y'all accepting the change. But we think that as long as you get in clear that you do not accept the change even though you are continuing to work, you could protestation for a reasonable corporeality of time. You should make information technology clear that you lot do not concur to the change in writing, in a Letter of Protest.

In a case called Rigby 5 Ferodo, employees managed to protest the alter to their employment contracts for a number of months. Every case will be different and there is no strict time limit – the important thing is to protestation in writing. It may exist wise to re-confirm your protest every few weeks. This is an expanse of law where the limits are not clear cutting. Yous should seek legal communication if you are in this situation.

What if my merchandise marriage has agreed to changes to my contract?

An exception to the principle that you personally must hold to any changes to your contract is when a trade union makes agreements on behalf of all workers.

If your contract says that a union can deal on behalf of all the workers in a workplace, you may exist bound to a change that the union agrees to on your behalf. This is still the example even if yous personally don't concur with the new contract term. Yous should seek legal communication if this is your situation, because you may still have other claims.

For more than information, run into our article on the Law when a Commonage Bargaining Understanding Changes your Contract.

My employer changed my terms, which made information technology impossible for me to work and then I resigned

If your employer made a significant modify to your contract without your agreement, and y'all resigned as a direct consequence of this change, you may exist able to argue that your employer'due south insistence on the change effectively ended the contract and left yous with no option except to resign.

In legal terms this is chosen a effective dismissal . If a tribunal is satisfied that your employer's actions were effectively a dismissal, it will and so get on to consider whether the dismissal was unfair.  Constructive dismissal can be complicated and hard to testify, so yous should ever seek legal advice before resigning.

My employer says if I don't agree to the change, I will be at risk of redundancy. Is that right?

Information technology depends on the circumstances. A redundancy merely happens for one of three reasons:

your place of piece of work closes or moves, either temporarily or permanently;
the type of work y'all practice will no longer be washed at your identify of work; or
fewer employees are needed to do the item type of work that you do.

If none of these apply, then you should not be made redundant.

If a genuine change in the nature of your employer'southward business means that there is less demand for employees to practise the blazon of work you practise in the place of work where you do information technology, y'all should normally be offered back-up. If your employer changes your identify of work and the contract doesn't allow this, you may be fabricated redundant.

However , redundancy does not use to where you are being asked to exercise more hours, or to piece of work at different times.

If there is a redundancy state of affairs, your employer would have to follow the usual fair back-up procedure , and you would be entitled to a back-up payment if you have more two years' service. If you are singled out for redundancy and y'all suspect you have been selected instead of others considering of your working hours or childcare responsibilities, this could exist unfair and discriminatory.  Please seek legal advice.

There is more than information on our redundancy folio. Nosotros also accept advice on what to do if you are under threat of back-up.

My employer has tried to burn down and re-hire me, should I accept the new job?

If a change is of swell importance to your employer and it cannot be agreed, your employer may give notice to terminate your onetime contract and offer you a contract on the new terms. If the employer fails to follow a fair process in doing this, information technology may give rise to unfair dismissal and discrimination claims.

Nonetheless, the offer of re-employment may mitigate (lessen) your loss which will limit what you can claim in an Employment Tribunal, depending on your circumstances. Information technology may reduce the amount of coin yous may be awarded if you bring a claim against your employer.

If you are offered re-employment, you should seek advice before deciding whether to accept or reject the offer.

My employer is imposing changes on more than than 20 employees

If your employer is proposing to dismiss (and re-engage) 20 or more employees, the collective consultation obligations under section 188 of the Trade Union and Labour Relations (Consolidation) Human activity 1992 will apply.

As commonage consultation requires an employer to meet very specific obligations, you should seek advice if your employer has failed to follow these rules, as you may have a claim for a protective accolade.

This advice applies in England, Wales and Scotland. If yous alive in another role of the UK, the law may differ. Delight call our helpline for more details.

If you accept further questions and would like to contact our advice squad please use our advice contact form beneath or phone call us.

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The data on the law contained on this site is provided free of charge and does not, and is non intended to, corporeality to legal advice to any person on a specific case or thing. If you are not a solicitor, you are advised to obtain specific legal advice near your case or affair and not to rely solely on this information. Law and guidance is irresolute regularly in this surface area.

We cannot provide communication on employment rights in Northern Ireland equally the police force is different. You can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

Source: https://workingfamilies.org.uk/articles/the-law-when-an-employer-asks-you-to-change-your-hours/

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