Can My Employer Change My Working Hours: Understanding Your Rights
If you don’t have a contract to set your working hours, your employer can legally change them. However, they must still act reasonably and follow proper procedures when making any changes.
As an employee, understanding how your working hours can be altered by your employer is crucial. Let’s explore the circumstances under which an employer can change your working hours and the rights you have in such situations. Then we’ll look at the steps you can take if you find yourself in this position.
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Legal Obligations of Employers
If your working hours aren’t set out in a contract, your employer can change them. But they must follow the law when doing so. You should be told about any advance changes at least 12 hours before your shift starts.
Communication of Changes
If your working hours aren’t clearly stated in a contract, your employer can change them. However, they must follow certain rules. They should give you proper notice, usually at least 12 hours before your shift. These changes must be communicated, ideally in writing by email or letter, so there’s proof of the update.
Always check the details of any notice, and if something doesn’t make sense, ask your employer to explain. Your contract may also include specific terms about how and when your hours can be changed.
Rights of the Employee
Every employee has the right to an employment contract. This contract should clearly state your working hours, along with the processes for changing these hours. If the contract is altered without your consent and it doesn’t contain provisions allowing such changes, this could constitute a breach of contract.
In the event of a breach, you have several options:
- Accept the changes and continue with the new working hours.
- Negotiate with your employer for a compromise.
- Work ‘under protest’, which means formally expressing your disagreement with the changes in writing.
- Refuse to work under the new terms and continue with the older ones.
- Raise a grievance or file a claim against your employer.
- If you have already resigned, you might be eligible to file for constructive dismissal.
Steps to Take If Your Working Hours Change
If your employer modifies your working hours, there are a few steps you can take to ensure that these changes are legal:
Minimum Working Hours:
Review your contract for the minimum number of working hours stated. Your employer must honour this minimum. If changes result in you working less than this minimum, you have the right to take legal action.
Maximum Working Hours:
Ensure that your employer has not increased your working hours beyond the maximum limit stated in your employment contract.
Working Times:
Check your contract for specified working times (e.g., 9 am to 5 pm). Without your consent, these cannot be legally changed by your employer.
Your employer can draft a new employment contract detailing the changes in working hours. However, you are not obligated to sign this new contract. Your existing contract will remain in effect unless it has expired or has been violated in a way that renders it unenforceable.
Navigating changes to your working hours can be challenging. By understanding your rights and obligations, as well as those of your employer, you can better handle such situations. Always remember to check your employment contract and seek legal advice if you’re unsure about anything.
Working Under Protest
Working ‘under protest’ is a term often used when employees continue to work following changes they don’t agree with. This will include modifications to their working hours. In such cases, you would write a formal letter to your employer stating that you disagree with the changes but will continue to work ‘under protest’. This action can be crucial if you plan to raise a grievance or pursue legal action later. It demonstrates that you did not consent to the changes, preserving your legal rights.
Raising a Grievance
Raising a grievance is the process of making a formal complaint against your employer. If you’re considering this step, it’s important to check your employer’s grievance procedure. This is often included in the employee handbook or available on the company’s intranet.
The procedure usually involves writing a formal letter outlining your complaint and attending a meeting to discuss the issue. If the grievance is not resolved, it should potentially be escalated the grievance to a higher level within the organisation. An option would be to involve a third party, such as a trade union, employment tribunal or employment lawyer.
Need Employment Law Advice?
If your working hours have been changed and you need professional advice, our experienced team of employment solicitors at DPH Legal is here to help. Call us at 0118 914 5622 or contact us online to schedule a consultation.
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