Q: On my contract it states that my hours are 42.5 per week and that this time must fall between 8:30 and 6:30 Monday to Friday, with up to an hour off for lunch. I usually get in just after 9:00am and leave the equivalent time after 5:30pm in the evening, but now my boss is telling me I have to be in a nine o’clock and if I don’t, I’ll be considered late. I am very careful with time keeping and always work my hours, usually more. Can she do this? What are my rights?
Jun 14 2007
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Answered by: Carolyn Mumby Ask a question
Your contract is specific and as long as you have been working a pattern which is consistent with that contract your employer doesn’t have any right to vary it without your consent. The only exception to that is if he/she demonstrates a compelling business case for having to impose a unilateral variation. Until that is the case, you are entitled to work to your contractual hours.
If the situation becomes difficult for you, or you are subjected to disciplinary action for refusal to fall into line with your boss’s new rules, I suggest that you raise a grievance and explain your position. Put your grievance in writing in accordance with the company’s grievance procedure (assuming that they have issued you with a copy). If not then put your grievance in a letter and ask for a response within 28 days which is your legal entitlement. You are also entitled to appeal if you don’t agree with the decision, of course.
Ultimately, whether or not you are entitled to enforce your contractual terms will depend upon how reasonable it is to do so in the circumstances. So I suggest that you also keep an open mind when discussing the matter with your boss.
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