Employers are required by law to provide a full written explanation of the details (a document setting out the main terms and conditions of employment) within 2 months of taking up their duties (see details here). We know that some employers do not offer this. In this case, think about what has been agreed verbally between you and your employer. It`s still a contract. If there has not been a formal agreement, but you have worked in a certain way for a certain period of time with your employer`s permission, you may be able to argue that your current agreements are part of your contract. You may also be able to sue your employer for failing to provide employment data. You should seek legal advice if you plan to make a claim against your employer. An unauthorized unilateral change is likely a violation of the employment contract, and the fact that the employer has informed you of the change will not make it legal. However, if you accept the change without protesting, chances are you have implicitly accepted the change and lost your right to oppose it. This is the next step, if you can`t work under protest, you can tell your employer that you won`t accept the change.
An example of this may be if you have been told that your shift has been changed to a night shift and you do not have childcare. You should ask your employer why they are making these changes and suggest alternatives you could make. As a general rule, both the employer and the employee must accept all contract changes. But an employee can insist on a change if he is legally entitled to it. QUICK TIP: Whenever you`re dealing with your employer about employment issues, it`s always best to record things in writing so you can keep a copy of all the messages you send and keep a copy of their answers. If you are writing to your employer, if the employer has not notified you of the changes or has not consulted you in any way to obtain your consent, you should mention this in your letter or email. If you do not agree with the proposed changes to your employment contract, it is really important that you communicate this clearly. If you don`t and continue to work with different terms (e.g.B. in a modified time layer), this could be considered an implicit acceptance of the changes.
In counselling, your employer discusses with you any changes they want to make in order to work together to agree on those changes. This is an important part of any dismissal process and should take place when an employer tries to change the conditions. This can be done between the individual employee and the employer or collectively with the employee representatives or a trade union. Your employer should first try to speak up to agree on the changes, as this is important for the concept of trust and trust in the working relationship. At some point, you or your employer wants to change your employment contract. However, neither you nor your employer can change your employment contract without the consent of the other. Changes should normally be made after negotiations and agreements. I don`t agree with this contract change and I don`t want to work those hours. Can the company fire me if I refuse to sign a new contract, as it seems to be doing? What are my rights and what can I do? If changes are made to your contract, the employer must notify you in writing within four weeks. If an employee invokes a breach of contract and cannot resolve the issues informally with their employer, they may be able to take their case to a civil court or an employment court (or a labour court in Northern Ireland). If you are unable to reach an agreement with your employer, you may need to take more formal steps.
An employment contract is an agreement between you and your employer that outlines the rights and obligations of both parties. If the 4 days/28 hours per week scheme is not in your employment contract, you may find it more difficult to resist the changes. Check exactly what`s in your contract, as it may have a maximum number of hours. If you are not satisfied with the changes, talk to your employer about your concerns. For example, if you need staff to work 9.5 hours a day, can you work fewer days? So even if there was a real need for change, your employer should look for other ways to organize the work so that you don`t have to change personally, for example. B by hiring an additional part-time employee to work on Saturdays instead of requiring you to do so. Breach of contract: If the change is an unpaid contract change, for example if you move to hours or a workplace and want to stay in your role, you will have to take legal action against your employer in civil courts. An employee may not bring an action for failure to fulfil obligations before the court during his employment.
Be careful, however, civil court claims carry the risk of costs if they fail, and even if you win a breach of contract claim, you`ll likely only receive a small amount of money. If you lose, you may have to pay your employer`s legal fees. Check what`s in your employment contract. Does it indicate your vacation as a public holiday (for example.B. 24 days plus holidays)? If so, you can refuse to work on public holidays, or at least ask for a day off instead. I work day, from 8 to 430 for more than 2 years, my employer now wants me to change my shifts to 12 hours shifts from Monday to Wednesday from 7:30 to 19:50 for 2 weeks, then on Thursday from 7:30 to 19:50 in a rotation of 2 weeks, the problem for me is that my wife works in the evening, to make my hours suitable for child care, I have 2 children on the autism spectrum, so a child care provider is out of the question, can I be forced to change shifts? The manner in which your employer implements a contract amendment must not violate its obligation not to behave in a manner that undermines mutual trust or the implied duty of good faith. As a general rule, employees must file a claim with a court within 3 months of the end of their employment relationship. The employer has 6 weeks after receiving a copy of the claim to decide whether or not to file a counterclaim. In the event of dismissal, your employer will have to follow the usual fair dismissal procedure and you would be entitled to severance pay if you have more than two years of service.
If you are selected for dismissal and suspect that you were selected because of your working hours or childcare responsibilities over others, this could be unfair and discriminatory. .
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