serious breach of contract

[domyheadin]

My employee has breached my contract and I need some advice please. I have received notice of a change of starting times, and have been given 4 weeks notice . My contract states that I must receive 13 weeks notice. The reason we have been giving for the short notice is that the buisness need to change it operating hours in order to satisfy customer demands, and considering the current climate worldwide we must accept the changes or we could go under. we have a union at work, but nobody is interested in the union specially considering the union rep has a cosy relationship with the Depot manager. The union rep says we have to accept the short amount of time given for the shift change. We think it is unfair that the union can make all the decision at are work, given that the union members only consist of about 10% of the workforce. Some of us are to start later on in the evening to early into the morning instead of a afternoon start.

Any advice would be gratefull I know I must put a greivance in against the breach of contract, but do not want to be seen as causing trouble, the D.M says if we are not happy we must not act as a group but go and see him 1 on 1. their is a lot of grumbling going on and nobody relish a meeting with the D.M. We are just over 2 weeks away from changing are start time and I know if I dont act soon it will be seen as an acceptance of the new terms of contract.

[elche]

My employee has breached my contract and I need some advice please. I have received notice of a change of starting times, and have been given 4 weeks notice . My contract states that I must receive 13 weeks notice.

 

Hi Domyheadin

 

I presume you mean, "My employer....", a small but important distinction! You must have a dodgy keyboard like me!

 

In your case your employer has clearly breached their contract with you, as by having 13 weeks as an explicit written term of your CoE, to change this in 4, clearly breaches this. You now need to decide upon your response

 

The following is something I have posted previously regarding unilateral changes to employment contracts. This was never meant to be a precedent and I apologise, for errors, and to anyone who has already read this!

 

An employer should not 'all of a sudden ask employees to sign a new contract of employment and accept new terms and conditions'

 

An employment contract, is just like any other contract, not able to be changed unilaterally. Thus if one side, the employer, changes a fundamental term of the contract (e.g. hours per week), then this should only be done by mutual agreement with the other contracting party – the employee

 

Good practice is that the employee should have been consulted re the proposed changes, and in your case they have breached a explicit written term of your CoE by not doing this!

 

If a change is imposed,the employee has 3 options, to continue to work and say nothing, continue to work, but make it clear this was under protest, or resign and claim constructive dismissal, subject to the need to have first raised a grievance.

 

To reach a considered conclusion - employment contracts, length of service, staff handbook, custom & practice in the industry, the reason for the change, amount of consultation, minutes of consultation meetings - These would all be relevant in assessing chances of claiming constructive dismissal, and hence allowing you to evaluate your options - essentially - stay, go or raise a grievance.

 

If you are in a Union seek their advice or a CAB may help

[domyheadin]

tks elche , yes it was a keyboard error I dont want to resign and claim constructive dismissal I have bills to pay and as for the union lol what a joke they are, the union only makes up 10% of the workforce how can it be fair that they make and agree rules with the mangement.

what I am looking to do is put a greivance in and get all non union members to sign it just not sure as to what to write and legal implacations of what I am trying to do. Somebody said at work that if we can put a greivance in signed by everybody in the workplace then they cant make these changes

[callumsgran]

So let me get this right

You are prepared to see your bosses company fold (and put yourself out of a job) just because he has only given you 4 weeks notice instead of 13?

I think 13 is very generous and 4 more likely to be the norm

I know what i'd rather do, go to work at a different time!

[MrShed]

I have to agree with CG to an extent here.

 

It is one thing sticking to the "letter of the law". However, if the employer is to be believed(which we will have to take what they say at face value here), then the company could go under if the changes are not adopted. If that is the case, pursuing this would be VERY silly.

[domyheadin]

yeah tks all

Firstly there is no way the company is going under we make more money in 1 year than the rest of the chain put together ,, secondly the M.D. is being paid a huge bonus ...triple my salary to ensure this all goes smoothly and thirdly every time they have changed our contracts in the past (3 times now) we have been giving a cash incentive

 

So the story goes that the currernt M.D. reckons we are all **** in our department and he would happily replace us all but funny that every other department bar ours is getting a incentive to move times

 

No I dont want the company to go under but we all have rights in this country and I have worked hard for this company for a number of years

and surely it no concidence that in the last 3 yrs the M.D. has started to employ easter europeans only .

 

and here is a thought to chew over ,,, last year we broke all records in profit and the M.D. got bought a brand new Jaguar car , where as we got nothing not even a ty

[callumsgran]

Fair enough

Go for it then

[bazak1]

I think you'll find this kind of thing happens in a lot of companies. The workers do the graft, and the management lick all the cream of the top and reap the rewards.

I can see both points of view, and i think to be fair, it would have been nicer of your bosses if they had called a meeting and explained first. But on the other hand, apart from the difference of nine weeks, will it make that much difference to you. By that i mean, will you have to sort childcare facilities etc out.

Is there only the one union you can join in your workplace.

Could you not call a meeting of all your fellow employees and see what the feeling is.

[p_cas]

yeah tks all

Firstly there is no way the company is going under we make more money in 1 year than the rest of the chain put together ,, secondly the M.D. is being paid a huge bonus ...triple my salary to ensure this all goes smoothly and thirdly every time they have changed our contracts in the past (3 times now) we have been giving a cash incentive

 

So the story goes that the currernt M.D. reckons we are all **** in our department and he would happily replace us all but funny that every other department bar ours is getting a incentive to move times

 

No I dont want the company to go under but we all have rights in this country and I have worked hard for this company for a number of years

and surely it no concidence that in the last 3 yrs the M.D. has started to employ easter europeans only .

 

and here is a thought to chew over ,,, last year we broke all records in profit and the M.D. got bought a brand new Jaguar car , where as we got nothing not even a ty

 

 

Have to say that making these sorts of comments wont help your case at all. What the MD earns or what car he drives is frankly irrelevant to your start and finish times.

 

Is there an actual reason why you dont want to change your shift pattern? From what you say, as per your contract, you'll have to change anyway, even if its in 13 weeks. It does come across unfortunately that youre bitter about some other factors and this has given you a reason to complain?