If you accept the change, it may affect the employee`s contract. A non-legal request is an informal agreement. This does not change the terms of the contract. Even if you meet the legal requirements, you do not have the legal right to apply for flexible work if: An employment tribunal would consider all the factors related to the amendment and the decision to dismiss you to decide whether the dismissal was illegal, including: a change in the company or your employer wishing to harmonize the conditions may be a reason for fair dismissal. Courts give employers a great deal of discretion as to how best to manage their affairs. You should also accept any process to check how your new type of work works and possibly set a date when it will be checked. Requests you receive from individuals often include forms of flexible work tailored to their specific circumstances. These do not necessarily lead to a reduction in the total length of work. Flexible work is anything other than normal working mode. This may mean that changes are made to an employee`s work schedules, the hours they must work or their workplace. Employers are legally required to provide a full written statement (document containing the most important conditions of employment) within two months of starting employment (for more details here). We know that some employers do not offer that. In this case, think about what has been agreed orally between you and your employer.
It is still a treaty. If there has been no formal agreement, but you have worked for a long time with your employer`s permission in a particular way, you may be able to argue that your current agreements are part of your contract. You can also file an application against your employer because you did not provide employment information. You should seek legal advice if you are considering taking legal action against your employer. If you accept a legal application, it would result in a permanent change to the contract that you must comply with by law. A non-legal application is not made by law and does not have a defined procedure. The law states that workers have the right to apply for flexible work as soon as they have worked for you for at least 26 weeks and can apply every 12 months. The timing is crucial: if you decide to resign because you really feel you have no choice, it is important not to delay, or this can be considered as evidence that you have accepted the offence, or it undermines your argument that it is such a serious violation. If you decide that this is your only option, you must specify when you terminate your contract (in writing) that you had to resign and that you immediately terminated the contract because of the employer`s actions (instead of resigning in accordance with the contract), otherwise you could not request constructive termination.
Your employer can only change your working time with your consent. If you do not agree immediately, your employer will likely consult with you. It is in order to get your agreement on treaty change. Your employer should meet with you and discuss suggestions, listen to your concerns, deal with issues, etc. If you then agree to change your working time, this change will likely be documented and it will be a permanent change to your employment contract on agreed terms. If you can`t agree during information interviews or consultation with your employer and you don`t want to resign, you have the opportunity to work under the new conditions or work in protest and “stand up and continue.” This means that you will continue to work under the new conditions and make it clear that you oppose the amendment (see above) and then pursue your claims in the labour tribunal or civil court. If you choose to “stand up and complain,” you really need to work on the new conditions. Sometimes employers want their workers to change their working time