Can I change the days on which an employee works to suit the needs of the business?

August 31, 2010 by admin · 6 Comments
Filed under: Law & Ethics 
business suit
Mr Miyagi asked:

We recently took over a business where none of the employees had any contracts. We issued new contracts which does say from time to time peoples hours will change to suit the business and they will be required to be flexible. We took all staff on and retained the rota’d hours.

After a period of time we assessed the job roles, when and where people were working, trading patterns and due to financial constraints where we can become more efficient.

I have tried to discuss with 1 person (cleaner) the need to change their hours from a midweek morning to a sunday morning but with only negative response. After trying to discuss this a few times and getting no joy I informed the individual that due to the needs of the business we would probably not be needing them in on tuesday morning as trade doesn’t justify the need but would require them in on a sunday. I did not discuss timescales but it would not have been immediately probably a few weeks notice which I would have discussed.

This individual said they would not work a sunday (and not for religious reasons but hasn’t given one) and has since handed their notice in saying they just not working sundays full stop!.

I have explained to them we don’t want them to leave but need to change things to suit the business. The business is a pub/restaurant with no cleaners in on a sunday morning following the busiest trading day. On the flip side there is no need for a cleaner in on a tuesday.

We have altered other peoples hours with no problems.

Am I being fair and reasonable as worried this person could claim constructive dismissal?

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Comments

6 Responses to “Can I change the days on which an employee works to suit the needs of the business?”
  1. val says:
    August 31, 2010 at 3:14 am

    You absolutly can change their hours to suit you buisness needs, you just have to advise them in advance and give plenty of notice. Those who complain don’t care about your buisness and they are only there for a paycheck. Many good & hard working people out of work who will work any shift you want them to. val

  2. superbeagle says:
    September 3, 2010 at 11:05 am

    Too late now to worry about constructive dismissal – they have handed in their notice, so you’ll need to wait three months to see if you are on the hook for an unfair dismissal claim (if they have been employed for 1 year or more).

    Normally, you need to consult and get consent of employees before changing hours. You can’t just unilaterally vary contracts (including contracted hours) unless the contract allows this anyway. If the business has no option but to change the contract terms – eg requirements of business, sometimes this can be done but I think you should get advice from a solicitor on this. superbeagle

  3. Kernow Lady says:
    September 3, 2010 at 5:16 pm

    You have done everything right. Remember it is YOUR business and they work for you. Too many staff these days think they can control the owners. They have no grounds for anything against you. Kernow Lady

  4. vdv_desantnik says:
    September 5, 2010 at 12:32 pm

    If its in the contract about flexible hours then absolutely you can, and your justification here is perfectly reasonable vdv_desantnik

  5. L says:
    September 5, 2010 at 10:08 pm

    You could try offering a sweetener, such as double time for sunday working. L

  6. Busybob says:
    September 6, 2010 at 8:07 am

    Judging from what you have written it sounds as though you have been fair and reasonable, but your cleaner could still make a claim for constructive dismissal, whether he/she would win their case is another matter. I would suggest getting in touch with ACAS and obtaining a copy of their leaflet “Varying a contract of employment”. Busybob

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