How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask John Knox Your Own Question

John Knox
John Knox, Solicitor
Category: UK Law
Satisfied Customers: 1140
Experience:  Solicitor and Advocate
Type Your UK Law Question Here...
John Knox is online now
A new question is answered every 9 seconds

I have worked inmy current job for nearly 9 years and have

Resolved Question:

I have worked inmy current job for nearly 9 years and have had a flexible working contract with a static rota with my employer since July 2007. My employer is currently re-contracting everyone at our site to have contracts inline with some other sites they own. The contractual changes provide both pros & cons however my issue is during the re-contracting they propose to lose the flexible working agreements as they propose to introduce a a rolling rota which they say would be imposible to work with staff working fixed hours. The nature of the business has not and is not changing and the service and client group remain unchanged. My question is can they give me notice to take away my flexible hours contract forcing my to accept a new contract as I will be unable to meet my child care requirements on a rolling rota and would be forced to leave?!
Submitted: 1 year ago.
Category: UK Law
Expert:  John Knox replied 1 year ago.
Hello,

I will do my best to help you with this.

You say you have had a flexible working contract since July 2007. Can you confirm that your ability to work flexibly is recorded in the contract? Are they proposing to ask you to sign a new contract with the rolling rota?
Customer: replied 1 year ago.

I didn't recieve a new contract nor have I for any promotions during my employment. In 2007, I applied for flexible working following the companies policy/procedures. They came back with a flexible working offer in writing which I appealed, they then responded with another felxible working offer in writing which I accepted in writing. It provided me with the ability to work longer shifts during school term time (extra 5hrs per wk) to enable me to have more time off in the school holidays. More importantly it gave me three set days on rota per week to work to enable me to provide childcare at home. There was a provision for me to have some felxibility to attend set training days each year which I would have several months advance notice of which again has not caused an issue.


I can confirm that in the written aggreement it does state that this is line with the Flexible Working Legislation 2003.


 


They are proposing I sign a new aggreement which has no provision for flexible working and refers to the rolling rota.

Expert:  John Knox replied 1 year ago.
Thanks.

Once a flexible working request has been agreed it forms a permanent change to the employee's contract, unless agreed otherwise, and cannot be changed without further agreement between the employer and employee.

If, following a request for flexible working, a permanent change is made to a contract, the employer cannot make unilateral changes to the contract. If it does, the employee will have a potential claim for breach of contract and, possibly, unfair constructive dismissal. A female employee might also have a claim for indirect sex discrimination, if she is disadvantaged by the change to her contract.

Your employer is now trying to change your contract and force you into agreeing something on the basis that your job will be at risk if you refuse. If your employer imposes the changes unilaterally, you are free to refuse to comply and if you feel that you have no option but to resign. You could then claim constructive unfair dismissal.

I would advise you to write a detailed letter to your employer, setting out the fact that you do not agree to the proposed changes and that you are aware that they cannot be imposed on you unilaterally. That would be the first step.

Whether you want to take this as far as the law allows you, and insist on your full rights, will depend on how confident you feel about taking a strong stand at work and potentially upsetting your employer!

Any further queries, please ask.

Best wishes
John

John Knox, Solicitor
Category: UK Law
Satisfied Customers: 1140
Experience: Solicitor and Advocate
John Knox and 2 other UK Law Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
< Last | Next >
  • A quick response, a succinct and helpful answer in simple English. I believe I can now confront the counter party with confidence -- worth the 30 bucks! Rick Leeds, UK
  • I did not know a French Law service existed and I was very impressed with the speed of reply --- very professional. Many thanks! Ms. Baker Alfafar, Spain
  • Thank you so much for your help. Your answers were really useful and came back so quickly. Great! Maggie USA
  • Wonderful service, prompt, efficient, and accurate. Couldn't have asked for more. I cannot thank you enough for your help. Mary C. Freshfield, Liverpool, UK
  • This expert is wonderful. They truly know what they are talking about, and they actually care about you. They really helped put my nerves at ease. Thank you so much!!!! Alex Los Angeles, CA
  • Thank you for all your help. It is nice to know that this service is here for people like myself, who need answers fast and are not sure who to consult. GP Hesperia, CA
  • I couldn't be more satisfied! This is the site I will always come to when I need a second opinion. Justin Kernersville, NC
 
 
 

Meet The Experts:

 
 
 
  • Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
< Last | Next >
  • http://ww2.justanswer.com/uploads/venkoj/2010-02-20_133027_ben_pic.jpg Ben Jones's Avatar

    Ben Jones

    Solicitor

    Satisfied Customers:

    8364
    Specialist in UK Law with expertise in UK Employment Law
  • http://ww2.justanswer.com/uploads/CH/chathamchamber/2011-4-24_191833_1.64x64.jpg INC's Avatar

    INC

    Solicitor-Advocate

    Satisfied Customers:

    3850
    LL.B, Pg.Dip, LL.M, M.B.A (Pending), Solicitor-Advocate. UK Practising Certificate issued by SRA., DIFC Courts Registered (Dubai)
  • http://ww2.justanswer.com/uploads/taratill/2010-03-09_111600_phpsik04M_c2AM.jpg Jenny Mackenzie's Avatar

    Jenny Mackenzie

    Satisfied Customers:

    2612
    Over 10 years experience in general legal matters
  • http://ww2.justanswer.com/uploads/matthewjones/2009-9-7_20342_picture_007.jpg Matthew J's Avatar

    Matthew J

    Solicitor

    Satisfied Customers:

    323
    4 y PQE (Partner) - Commercial / Residential Property & Property and Civil litigation experience
  • http://ww2.justanswer.com/uploads/TO/touchwoodsden/2013-12-6_91518_MeforJA.64x64.jpg Stuart J's Avatar

    Stuart J

    Solicitor

    Satisfied Customers:

    5198
    PGD Law. 20 years legal profession, 6 as partner in High Street practice
  • http://ww2.justanswer.com/uploads/RE/Remus2004/2012-4-22_93111_2bigstockPortraitOfConfidentFemaleL6943985.64x64.jpg Jo C.'s Avatar

    Jo C.

    Barrister

    Satisfied Customers:

    24742
    Over 5 years in practice.
  • http://ww2.justanswer.com/uploads/JO/Josh2010/2012-4-29_19490_GettyImages80121770B.64x64.jpg Joshua's Avatar

    Joshua

    Lawyer

    Satisfied Customers:

    6561
    LL.B (Hons), Higher Prof. Dip. Law & Practice