Contractual changes

One of my members has been told to switch from the night to the day shift. He is facing a pay cut of around £250 a month. This is unacceptable to him and he has appealed as his job is still in place on the night shift and will need to be done by someone else. Is there anything in employment law to protect him, should his appeal be unsuccessful?

Unless there is a clause in your member's contract which says that he has to work whatever shifts the employer wants, the change being proposed is likely to amount to a fundamental breach of contract since it involves a significant loss of pay.

If, alternatively what has happened is that the post has been identified as redundant, because the employer needs fewer people to do the work this would amount to a redundancy. The fact that the work your member actually does is still there is not the main issue.

Your member could be offered alternative work but only if it was available. In either case the employer must consult with the individual and, if there are other redundancies taking place (amounting to more than 20) then consultation should also take place with the union.

* More information: LRD booklet, Contracts of employment