Change of shift and pay

[sangie5952]

I'm afraid that your old contract and the TUPE are now irrelevant. You agreed to the change by not objecting to it (and if you are honest, you did agree because you thought it had no impact on you so it was fine - that's what you've said), so that change is over and done with. That is now your terms of employment.

 

The question then only becomes can they impose this new change if you disagree with it - and you will have to disagree with it if that is what you want to do. You can't just go along with it and complain later.

 

If you currently have nothing in writing, then it is likely - but not guaranteed - that toy can argue that your current hours are contractual and cannot be changed without your agreement. BUT that only gets you to the fact that if the emptier wants this change anyway, they have two options. Make you redundant - and possibly claim this change as a suitable alternative, so you take the job or possibly face no redundancy pay and needing to go to a tribunal to get it if a tribunal agree with you. Or impose the change, which consists of serving you notice and them offering you the new contractual conditions which you either accept before the end of your notice period or you end up Bening treated as resigned, at which point you must then argue that is unfair dismissal at a tribunal. That means that either way you have no job at all, and you must enter the lottery of whether an employment tribunal considers you acted reasonably or not.

 

You might have a better chance in that lottery - but it's only a might - if you argue that you cannot change your hours now because of your caring responsibilities for a disabled person. It's not a magic bullet, but it may open up some additional pursues to get your own way. But you do have to tell the employer, and that isn't an option. It isn't going to be viewed as in your favor if you then produce that as an argument at a later stage - it's now or never.

 

So yes, I think an honest and full disclosure chat with the boss is your best approach now. See if the position is fixed. If it is, then that changes the whole situation and the question becomes how far are you prepared to go to to not have this change - does it include losing your job? Any advice would then have to be based on the strategy that gets you the least bad outcome.

[sangie5952]

Please ignore the totally irrelevant advice on associative discrimination. Some advisors advisers are better than others. Pick carefully what you listen to. In order to be associative discrimination the employer would need to know about your disabled child (they don't because you have already said you haven't ever told them) and they would have to be taking this action because of your association with a disabled person.

 

Unfortunately, there is no such thing as a free forum that provides reliable legal advice. That's what a union or a lawyer are for. If you are forced to rely on advice from strangers on the internet then please, OP, be very, very careful whose advice you follow. Because some people appear not to care whether you get dismissed or not when following their ridiculous advice.

 

There is no need to go down the route of associative dissociation because it is entirely irrelevant and not applicable. No other reason.

 

If your employer is not amenable to a discussion, which, as you had already been told, they may be, then come back here and explain what they have said and why they refuse. Do not simply take it higher, and do not do that informally at all. That advice could be entirely counterproductive at best, and dangerous at worst.

[sangie5952]

No they are not obliged to give you anything - disabled child or not. They must consider reasonable adjustments. If they consider the request unreasonable they can refuse it. Dondada and others here are keen to blame people for siding with employers. The law sides with employers. Forget that at your peril. The people advising you that "you'll be ok" and that your have legal grounds to fight this cannot possibly know that because there is not sufficient information to make any such claim.

 

I'm afraid that this thread has , like others, become a means for those who want to wage class war and/ or claim legal knowledge they don't have (based on circumstances they have little information about) to play with posters future employment at no risk to themselves.

 

OP, this thread is going to give you awful advice now. You won't be able to pick thorough what is in your best interests and what isn't. I strongly advise getting legal advice if you need to dispute the change with your employers. I do not think you should place your income and job in the hands of people who are happy for you to fight battles they won't be around for. Which doesn't mean that tyou wouldn't perhaps have a case. It does mean that reliable legal advice isn't available here - and anyone telling you that you would have cases of associative discrimination and constructive dismissal without any evidence to support such a claim are playing with your future in a way that I am totally uncomfortable with. If you are going to risk your job, get proper advice. Not on a free advice forum, and not at ACAS.