Labour Research April 2011

Law Queries

Terms and conditions

Q. Our employer recently changed our shift patterns — we are happy with the change, but are concerned that we haven’t individually received anything in writing confirming the change to our terms and conditions.

A. Under section 4(3)(a) of the 1996 Employment Rights Act your employer must, at the earliest opportunity and certainly within one month of the change occurring, give you written notice of the change. Failure to do so is actionable, when coupled with a substantive claim such as unfair dismissal, in the tribunal.

The possible compensation payable is between two and four weeks’ pay capped for each individual, which equates to between £800 and £1,600 from 1 February 2011.