Frequently asked questions about imposed change

Q. I have been employed for two years and work in a warehouse packing clothing for distribution. I am contracted to work Monday to Friday 9-5.30 pm.  Because business is good my employer wants to start opening six days a week instead of five. He has told everyone that from next month all staff will be on the rota to work two Saturdays a month. He is not willing to make any exceptions as he wants to be fair to everyone by getting everyone to do the same. I cannot work weekends as I am a single parent and I have no one to look after the children.

A. Unless there is a good business reason for this change you may have an indirect sex discrimination claim against your employer (if you are a woman) as well as potential claims for unfair constructive dismissal (if you resign and have worked for your employer for 2 years or more) and, depending on the terms of your contract, breach of contract.

Even though there may well be a good business reason for opening six days a week there is probably not a good reason for requiring everybody to work on Saturdays regardless of his or her circumstances. The employer should recruit some Saturday only part-time staff to cover this work if some of the existing staff could not work on Saturdays because of their childcare responsibilities.

Q. I work in a call centre doing shifts from 8am – 4pm or 10am – 6 pm. My employer wants to extend the centre’s opening times to 8.30 pm and has proposed a new shift of 12- 8.30 pm which will be worked by everybody on a three weekly rotation. I cannot do that shift except at the weekends when my partner is at home. In the week he does not get home until 7.30 pm so I would have no one to look after the children between 6.30 pm (when their after-school club shuts) and 7.30 pm.

A. Again you may have a claim for breach of contract and indirect sex discrimination (if you are a woman), more information on this here. It is unlikely your employer could justify their reason for this change unless they could show they had fully explored other ways of organising the rota and found all other ways to be extremely difficult to implement. In most cases it would be possible to still run a full service by allowing some people fixed shifts and rotating the others or by recruiting additional staff to cover the evening shift. Some companies also offer self-rostering.

Q. I work for a company doing administration work. The company is going to move to a different location which is 1.5 hours further travelling time than I have at the moment. My contract doesn’t mention anything about moving to another site.

A. Without a mobility clause in your contract your employer cannot make you move to a different site so far away. Because the new place of work is so far from the current place of work, you should be offered redundancy. Alternatively, you may also want to explore the option of remote working, and see whether any of your job could be done from home if you did want to stay with the company. Even if there is a mobility clause in your contract the extra distance may have such an impact on your childcare responsibilities that, if you are a woman, this could be indirect sex discrimination, more information on this here.

Q. I am a nurse working shifts and have always had fixed days. Now a new manager has come in and wants me to do nights as well which I can’t do as I am a single dad.

A. Unfortunately as a man you can’t use the indirect sex discrimination argument. You should look around to see if any female nurses are being given fixed days. If they are, you may have a claim for direct sex discrimination.

If you are married (but not single or divorced) you may be able to claim indirect marital discrimination. In any case you may have a claim for breach of contract and possibly unfair dismissal (if you have 2 years or more continuous employment) if you are sacked for refusing to work nights, or constructive dismissal if you leave.  You could raise a grievance or make a flexible working application (but explicitly on the basis that you do not accept the legitimacy of the employer’s change) if you want to keep your job, more information on this here. You should take legal advice before resigning.

This advice applies in England, Wales and Scotland. If you live in another part of the UK, the law may differ. Please call our helpline for more details. If you are in Northern Ireland you can visit the Labour Relations Agency or call their helpline Workplace Information Service on 03300 555 300.

If you have further questions and would like to contact our advice team please use our advice contact form below or call us.

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