Employment law query

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sukkie | 20:18 Thu 30th Aug 2007 | Law
5 Answers
This is for all the employment law fundi's out there!
Our company is changing the terms and conditions of our employment. They have changed the name of the position, changed the hours and the duties. are they allowed to do this and if so what are my options. If I do not not accept the changes can they kick me out and cancel my present contract?


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This might help, even if indirectly. By that, I mean that it tells you about the ACAS helpline, which will be your best source of accurate, independent information: es/EmploymentContractsAndConditions/DG_1002807 9

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Thanks for the answer but what is the point of signing a contract that is not worth the paper it is written on since it sems an employer can change what they waht an when as long as hey have an excuse.
Not quite. You have a contract of employment which requires both sides to give notice if they wish to terminate it. So if you decided to leave the employment, you give notice. An employer has to do the same. It isn't a question of them cancelling it.
So its lawful for an employer to want to change the terms, but it has to give you notice and it has to have a good reason. That's where the trouble starts. They need to discuss with you the reasons and discuss the impact on you. So if they wanted to change your hours to start and finish earlier, they'd have to discuss this with you to determine what practical difficulties it might give you. If they didn't do this you could resign and claim constructive dismissal - money perhaps, but not your old job back under the old terms. That's one option for you.
Question Author
Thanks for the answer builder, they did a sham consultation a few weeks back to fall in line with the act but the decision was was already made before that although cannot be proved, I told them that I already have committments for at least the next two months, Ie studies and shift work of my husband but regardless of this was informed that the new work times take effect from the first of September. So to fall in with new hours and keep my job I would have to drop my studies and be prepared not to see my husband for a wekk at a time when he is on night shift and they do not care at all.
You are quite lucky.

Last time my old employer did this, they changed everything as you have said, and then made everyone who was already employed, apply for one of the new positions!

If you you got your 'old' job back, then that was good. If you didn't, you had to find yourself a new position elsewhere. We even had to be interviewed for a job we were already doing anyway.

This was within a major high street bank so I'm quite sure that they must have ensured the legalities of it beforehand.

Luckily I got out and found myself a better job elsewhere first.

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