Dear Thomas,
Thank you for your response.
Just to clarify on the ACAS position: I have not yet entered formal conciliation, but I have been in regular contact with their Early Conciliation advisory team for guidance while preparing for possible next steps if required. I was advised that any change to working arrangements following a reinstatement — whether due to procedural flaws or otherwise — must still follow proper legal procedure.
Specifically, ACAS have advised the following:
The reason for overturning a dismissal, whether due to procedural flaws or any other basis, does not remove the legal obligations attached to any material change in employment conditions.
A significant change, such as moving an employee to a different shift — particularly if it could result in financial hardship or impact attendance — must involve consultation, a reasonable notice period, and potentially conciliation.
Even where a contract does not explicitly state a fixed shift, a long-standing, consistent pattern of work becomes protected under “custom and practice”. In my case, I have remained on the same shift pattern for 10 years.
To quote their wording: “The first thing a judge would ask is whether there was anyone else available to move, who would be less negatively impacted by the change — especially if the shift change is being framed as a business need.”
They also confirmed that if I were moved to a different shift without agreement, and that change created financial or logistical barriers that forced me to leave the role, it could constitute constructive dismissal.
I hope it doesn’t come to that and that we can find a fair and reasonable way forward through open discussion.
In terms of next steps: I previously spoke to Alex and was told directly that I have to change shifts. Given that position, I believe a formal grievance may now be the only available route to address this properly. You mentioned I could contact you if I needed anything — so I’m asking for your help informally now, because I believe this concern may be taken more seriously coming from you, given your position. I genuinely hope we can resolve this constructively before escalation becomes necessary.
I would also appreciate clarification on who exactly I should raise a grievance with, if it comes to that. Since I haven’t yet returned to site, and the proposed shift would place me under a new manager, I want to ensure any formal concern is correctly directed.
Finally, I feel the need to raise a personal concern. You stated that my original dismissal was overturned due to procedural flaws. However, I have now been told that I must change shifts, and this appears to have been decided without proper consultation or adherence to legal process. This raises understandable concerns about whether procedures are being followed correctly this time.
To me, this shift change feels like a direct reaction to my appeal. I would prefer not to have to raise a formal grievance — only to end up appealing it back to you at a later date. I genuinely believe a brief conversation from yourself with the managers involved could resolve this fairly, allowing me to return without hesitation or the need to challenge management over what is already a sensitive issue.
ACAS have advised me that I would need to follow grievance procedures first. If the outcome is unsatisfactory, I would have the right to appeal, and if necessary, initiate early conciliation. However, this is not a quick or effortless process — and in the meantime, I would be expected to manage added stress, rely on taxis, and absorb the financial and logistical burden while challenging a decision that was made without due consultation. I hope this can be resolved informally and fairly without having to escalate through that full process.
Kind regards,
Simon