I wonder if you could advise me on any loopholes regarding a transfer request to a different site within the same company? I have worked for my current employer since 1998, progressed through the ranks and even transferred sites previously. I have just had to change my working shifts due to ‘business needs’ and fortunately managed to retain my term-time contract due to employment law. My new circumstances are as follows…..I want to re-locate and we do have offices within the new area that match my job role. However, I have been told that I would have to work full time, sign a new contract at a reduced wage (hourly pay) and cannot take my term time with me. I understand that they may not be able to offer me a like for like role and even appreciate the new pay would reflect this, but I can’t see why they can’t at least accommodate the hours I am currently working as these were business enforced. Are there any elements of this that I could appeal due to my long-standing service etc or do I just have to suck it up as I am choosing to move?
I note that you have made a request to transfer to another site and that you are in the process of negotiating the terms of the role at the new site with your employer. As you are requesting the transfer, the terms are a matter of negotiation between you and your employer. From the information you have provided, I cannot advise that there is any legal basis for you to insist on your existing terms, including “term time”. I suggest that you explore with your employer whether there are any business reasons as to why your employer cannot accommodate your existing hours, particularly as you say they were “business enforced”.
During the course of your negotiations, the fact of your long service may be persuasive, but at the end of the day the variation is a matter for your employer to agree. It may be that in due course you can apply for a variation of your contract under the Flexible Working Regulations. However, if there is a genuine business reason now as to why your employer cannot accommodate your existing hours at the new location, there is, unfortunately, no guarantee that this business reason will not continue to exist in the future.