does anyone know about employment law and employees rights? need advise asap?

Question

i have had my shifts altered after nine years of doing same shifts and i chose this because of my family life, my employer has told me if i dont change i have sacked myself is this right !!!!!!!!! need help!

Answer 1

You need to check your contract of employment. Check for a flexibility clause, a variation term or a mobility clause. Without these your employer cannot vary your conditions. If the firm has recently changed hands different legislation may apply. You should write a letter to your employer and make it clear that you do not accept the changes. Sign and date the letter. Do this as soon as possible because if you start to work the new shifts you will have deemed to have accepted the changes. Your employer does not need it in writing to say you have accepted. After you have given your employer the letter and if you have to work the new shifts make it clear that you are doing this under protest. You cannot do this indefinitely, you have to then take further action. Unfortunately this would be to resign and take them to an employment tribunal for breach of contract. Under recent employment law changes, employers must be more family friendly and take family circumstances into account. This depends on the size of the company. Unfortunately although you have these rights if you really can't work the new hours and your employer insists you must, then an employment tribunal would seem the most likely outcome. There is a strict process to follow, which is time limited and really you need help. Try ACAS and also look up your CAB. We have a great employment advisor in our area, it is free, they compose the letters and they do representation work at the tribunals. Good luck. DO NOT DO ANYTHING WITHOUT SPEAKING TO AN EMPLOYMENT SPECIALIST. Solicitors are often a waste of time in this field unless they are specialists in employment.

Answer 2

No..he cannot just do this.You have a right to these hours under what is known as custom and practice..meaning you have done this for a specified period time without hinderence and your employer has accepted that..However ,your employer can change your hours of work in accordance with your contract if he gives you Reasonable notice ie< 1 weeks notice for every complete year of service..However yet again..if there is some motive and they are telling you that you are going to be sacked unless you change then that might be seen as constructive dismissal.Your best option is to contact ACAS and outline the situation and they will be able to listen and advise thoroughly.Employment law is complicated and you should really get it checked out but do not panic and do not discuss anything or agree to anything with your employer.If you are a family man with very young kids you may even have rights under the working time directive and flexible working legislation....Good Luck..

Answer 3

He is right:

Your employer has required to change the terms of your contract.

You have the right to object to these terms, you ussually have 14 days to do so.

If you accept, the old contract ends after the 14 days, and the new contract takes effect, so you continue employment in your new terms.

If you do not, the contract ends after the 14 days, and there is no replacement as you ahve agreed that you do not wish a new contract. In effect, you have left the company.

Answer 4

With all of the closings and down sizeing going on,I would do as the boss says. This may be their way of keeping you on the job.Most people prefer first shift,but you have to go with the flow.

Answer 5

Your State should have some labor and wage codes. Check with them for finite answers.

Answer 6

Contact the Dept. of Labor in your area. They can answer all your questions.

Answer 7

if you have a union check with them i don't think they can do that. if not i think you're screwed