Advise re restructuring of department plse

[Ell-enn]

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?

[Ell-enn]

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

[Ell-enn]

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.

[Ell-enn]

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.

[Ell-enn]

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

[Ell-enn]

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