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There are ten employees in the postroom at Flexico plc. Their contracts of employment provide that their work hours are from 8am to4.30pm with an hour’s lunch break. It has recently been decided by management that, in the interests of efficiency, the postroom staff should work from 9.30 am to 6pm. After consultation and negotiation, nine of the employees have accepted the change and their contracts have been amended accordingly.
However, Ms Jones has stated that she cannot work the revised hours because she has to be home by 5pm to take care of her elderly mother when the home-help leaves. She has therefore refused to work the new hours and is currently continuing to work from 8am to 4.30pm. Her manager, Mr. Smith, is sympathetic and has given an oral undertaking that she may continue to finish at 4.30pm. He has also indicated that she cannot start before 9.30 am and so she will have to bear the resulting loss of pay.
Discuss the legal issues that arise in this scenario.
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