We currently require staff to start work at 9am, however, for business reasons we now require them to start at 8:30am. We have sent an email to all staff with a form to be signed to authorise the change in start time. However a large group of people are refusing to sign stating that it's a change in practice. Where can we go from here?

Posted in : First Tuesday Q&A ROI on 6 June 2012 Issues covered:

A change to a work practice as distinct from a change to a contractual term is arguably easier to implement, particularly where employees have referred to it as such. There is case law which supports the proposition that a mere change in a work practice is not a contractual variation. In Rafferty v Bus Eireann [1996] changes to start times for a bus driver and changes to working days for another bus driver were not deemed to be changes to contractual terms. However, it is not clear whether a contractual entitlement exists to change work times and whether the employer in this case will also allow employers to leave half an hour earlier. Contractual variation exercises normally require

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Back to Q&A's This article is correct at 02/09/2015

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