ann d

[ann d]

Help and advise please i have worked or the same company for 10 years, four years ago my contract was changed to part time 3 full days 9- 4.30. Before I had worked 5 days on the same hours.
Now 4 years on the company want to change my contract again back to full time but with more hours than before 8.30-5.30 also they want to do this some 3 months before we are due to relocate.
1. do I have to agree
2. will they just sack me
3. will I not etitled to redenduncy payment as this is being done 3 months before the proposed move
4. do i wait for them to push me and then sue:|

 

[Kernowman]

From what you have posted, it doesn't seem like your employer is provoking you with the intention of getting rid of you. In fact I would say the opposite is far more likely and they would like you to fit in with their intended plans for the future.

They are doing the right thing by giving you plenty of notice for the intended change. The real issue is whether or not you agree to the change and you have the right not to accept. However, you must put your reasons in writing as soon as possible, but keep it unemotional and detached. Be very specific and if for example you have a sick mum to give medication to or whatever at a specific time, then that of course is a valid reason not to accept.

They could dismiss you from your current contract and agree a new one with you. Not an ideal solution for either party, especially you since it may affect your continuous service.

If you disagree with their proposal, yet continue working for your employer under the new hours regime and say nothing without any protest, then you are deemed to have accepted the new contract terms.

If you totally refuse to accept the new working times and your employer does dismiss you because of that, then you have a claim for unfair dismissal and breach of contract, although the outcome of either will depend upon your actual losses.

 

[ccp consultancy]

If you totally refuse to accept the new working times and your employer does dismiss you because of that, then you have a claim for unfair dismissal and breach of contract, although the outcome of either will depend upon your actual losses.

Not necessarily, the employer will be able to argue Some Other Subsdtantial Reason as a fair reason for dismissing (presuming that they have given consideration to the reason for you not wanting to go full time)

Other thing to think of - is if you will be relocating in 3 months - will you be moving with the company or will you be wishing to accept redundancy

As being full time rather than part time may affect your redundancy payments if they do an enhanced redundancy package - so might be worth you increasing your hours for 3 months in order to secure a possibly better redundancy package.

 

[ann d]

The main concern is that every one else within the company are in talks from now about there redundancy packages. that is what I thought my meeting was about till they started talking. advised that my case was different from everyone elses and that my new contract would have to start from January. My only comment was put what ever you are askig in writing not prepared to discuss with two of you and one of them being my immediate boss.

Yes I have a sick father in a carehome who I visit 5 times a week and a step son who is autistic but lives on his own but needs help.

My age also is a factor I am nearing 62 could have retired at 60 but was happy doing part time, and any overtime that was asked.:|