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| *Ostroff, Fair and Company>>>Law & Legal |
My new employer has decided to change our contracted hours/days etc.? |
Our workplace,a group of nursing homes has been bought by another care home company.When they took over the end of March 2007 we received a letter.In this letter it states our contracts with our old employers shall stand as they are and not be affected etc and would remain as they were.It also states the Transfer of Undertakings(Protection of Employment)Regulations 2006 and states your statutory and contractual rights are unaffected. Now we have just received an employment handbook of procedures/guidance from this new company.In this handbook it states such things as:we reserve the right to re-arrange working hours and for you to work additional hours subject to discussion.We may be required to work any shift,morning,afternoon or night shifts.Also if need be to work in any of their other homes or worksites.This is an express term of their employment.Flexibility is essential.My nights/hours/workplace was the same with the old contract. Excepting a collective bargaining agreement you most likely don't have an employment contract. So, any rights you have are statutorial. At will employees under statutory law work the hours the employer wants them to work and may have to work overtime if the employer requires it. You have a couple of choices if you are unable to work the hours your employer wants. First you can leave and seek employment that better suits you elsewhere. Second, you can talk with your employer about your problems and see if you can reach accommodation. If not, refer to the first reason. An "at will" employee, by the way, is one who works at the pleasure of the employer. Unless you have an employment contract through a union or other legal entity that guarantees specific hours and shifts, the employer is free to schedule employees to work in a configuration that best supports its business requirements. |
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