my son's employer is resructuring the department he works within. I've seen the details and they do improve the system currently in place somewhat. However, they have now been given a new rota which changes their current working practice to 5 days per week (but slightly longer hours) but and here's the query - insisting that the 2 days off per week will always be a Monday and Tuesday. Previously he worked 6 days a week and had some or all w/e's off. This allowed for socialising and family occasions which of course always happens at a w/e and a certain amount of swapping between staff was OK. I should explain this is a boarding educational establishment. Given this is a major change in their previous working practises and will be most unpopular - is this allowed. (other houses have different days off and some houses will always have Sat and Sun off). thank you.

Does it say in his contract of employment that his hours/days of working may be changed to suit the business needs? (or something along those lines) how much notice of this change was he given?

This is all due to take place by Jan 2008 and formally advised of this approx 2 weeks ago - I should also say they are all having to reapply for their jobs, or other jobs within the new structure if they wish - tho' no guarantees of actually having a job at all. I don't know what his current contract says - but suspect there will be new contracts for all.

Thanks for the info - is it public or private sector?

Private sector - very high profile upmarket public school in the Cotswolds - son is in catering department and has been with them for 10 years. They have mentioned redundancy for those that are not successful in their application for their current job!

Employers can, while following the correct consultation procedure, make changes to employees terms and conditions. However, it would seem unfair that someone should have to work every Saturday and Sunday, expecially if other departments in the same business do not. However, I think it is ulikely that they would choose to make someone with 10 years service redundant if there are others with less service (i.e. costs less!!).

It looks like they are playing the game by advising their employees well in advance.

A couple of things for him to mention. customs and practice and work life balance.It is totally unfair to change his contract so he never gets a weekend off, this will effect his work life balance and he should take this matter up.

I have won two cases now in the same situation as your son using the work life balance.

thank you Cal37 - I must confess - altho' I have a limited knowledge I felt that there was something about custom and practice etc.

I

If your son decides to go down the custom and practice route, there are a few points to note:

If your son decides to go down the custom and practice route, there are a few points to take into consideration:

There may be no express contractual term covering the matter therefore you would need to rely on what has happened to other employees in the workplace. This is because if other employees have been given a right, you can argue that you also have the right under ‘custom and practice’. Trying to show that you have a right through ‘custom and practice’ can be complicated. In fact, one of the hardest ways of establishing a contractual right is to rely on custom and practice.

In order to a establish custom and practice, clear evidence of the practice is required, but the evidence is assessed on the balance of probabilities, not strict proof; i.e. whatever would reasonably be considered to set an established pattern of workling practice.

Expecting employees to work every weekend is, in my opinion, unfair. The usual way to deal with weekend working is to work to a rota so that everyone has weekends off.

He needs to put together a good written case for this, and if there are any other employees who are unhappy, they could argue the case together.

thank you for your advice - hopefully it won't come to this; the matter probably won't come to a head for another month but I will keep this in mind should it become necessary to fight a corner. sincere thanks.

You're very welcome. Anything I can do to help - just ask. Don't forget to update on the position.

If I have been of any help you, please feel free to tip my scales.

Ell-enn

not sure where scales are Ell-enn - ! but have clicked on 'reputation' hope that's right!

Thank you - please keep us updated of how things progress.

a little update - son is now applying for one of the senior jobs with closing date of 22/10 - however he thinks (along with others) that a couple these jobs have already been allocated to other current staff members (they've been given new uniforms) I have said that he cannot be sure of that - but there is a general feeling that it's all a forgone conclusion - not sure if this would be legal or not -

Not legal but common practice regardless. The problem is proving it !!