Have you considered all the options? After all, on some occasions there’ll be no one at home to look after a child. Join the UK's largest union and professional body for nursing. With a change to shift patterns, aims such as to better meet customer demand are likely to be legitimate, so the key question will be, was there a better way of achieving that aim? Ive worked mainly nights for 35 yrs with a 2 week rotation onto days in a year, this has suited me well as I don’t sleep well at night, and I have stayed fit and well with a zero sick record, now there is talk of my rotating onto days for months not the 2 weeks, and into another area not the inpatient facility I am used too. I do not, however, feel that this is justifiable for business needs as we are quiet now and at our peak a move like this was not requested. My department is made of two different section let’s call it “A” and “B”. Fears that e-presenteeism is driving down well being. Explain what effect the change would have on the business. The employer needs to consider, and have evidence to justify, its need to change shift patterns in relation to that employee. They did get enough volunteers to do nights so they’re making us work two weeks of lates and 2 weeks of nights. I’m now on an 8 hour contract for the saturday but told I can still do the other nights as overtime each week. I'm having to caring for someone who is shielding, so need to know when I'm free to run errands, however I work for an agency and am currently placed at a large distribution centre. Hi Mandy! For 9 months I am working on a shifts one week 6-2 and next 2-10. Is it only you who is subject to this shift change? With regard to changes to your work schedule, can you explain a littlem more and what does your contract say about this? I have worked the last 15 years on a shift pattern of 7 on 3 off and 7 on 4 off my company has now decided to change that to a 4 on 4 off but on the same pay rate so i will lose £6500. One of the most famous patterns, its continuous approach relies on a fixed 12 hour run. His request was to not work from the hours of 1am-5am. I work weekends only9fri sat sun)12hrs shifts total of 34.5hrs perweek. 2-10 can they do that. The member of staff may win in the short-term; but in the medium to long-term, the employer may prove difficult over other issues such as granting time off. We've been building up to it...read more, Dads still feel worried that they will be stigmatised at work for taking extended parental...read more, I am about to start maternity leave with my first child. Hi, I am not sure what your question is. Can this night shift clause be invoked for me upon my return? Explain why a change to the night shift is impractical. On a practical level, there is often a solution that works for both employer and employee if the issue is discussed informally. AS my manager is on holiday I could not ask her about this. Either I do it their way or quit. The member of staff may win in the short-term; but in the medium to long … 6-2 workers got it at 10 o’clock. The employer sought orders declaring that the change in shift patterns did not constitute a change to his employees’ terms and conditions of employment, alternatively, restraining the employees from engaging in a strike to prevent him from introducing the new shifts. No, your employer cannot change your hours without you agreeing to the change. If your employer wants to change your hours (including asking you to work your original shift pattern), you would need to agree to the change. Does that mean my employer can change my contract without my agreement? Since 2004 I have worked 6am till 2pm with a 1pm finish on my 5 shift, whether it be Friday or a Saturday. The bad news is that the employer can consult with you to seek your agreement to change the shifts - giving you your notice period of the proposed change - which is probably 4 weeks notice. It is hard to tell, based on what you say, whether this is the case. They did this once b4 but I took voluntary layoff but this time I cant do that. DATE. In the course of this pandemic i was temporarily laid off and recalled after two months to work. I've been working for a year at my job, but I'm quite young, I'm only just 18 and my manager has put me on a seriously late shift I am uncomfortable with this because I'm young and the area in which my work is placed is considered dangerous at night, I've got a minor disability which makes me struggle to run, is it reasonable for me to ask to cancel my shift? Thanks guys any advice would be greatly appreciated x, Hi Amy, What does your contract say about changing shifts and cancellation? What i don’t understand, and can’t accept, that swaps were always allowed in our surgery. How long have you worked the shift you are currently on? Do I have a leg to stand on? If so, you should be paid even if the hours are not allocated – see http://www.safeworkers.co.uk/if-your-employer-changes-your-working-hours.html. If your employer agrees to your flexible working request, it will mean a permanent change to your contract. Do you normally do the same hours and get told about them via the rota? Whilst being off, some members of the department have been given ‘projects’ to complete on a mon – fri basis as well as some in the new shift pattern. How many hours I should do per month ? She agreed verbally that I could cut my wednesday shift and just do the thursday, Saturday and Sunday. Where it is operationally justified (e.g. Now a new manager is refusing me a set 9-6 shift which means I can no longer drop my eldest child off at secondary school which is a fair way away. Can I refuse? Yet it is verbal and i don’t know any possibilities. https://www.davidsonmorris.com/90-days-notice-change-of-contract Employers need to keep electronic or paper records which justifies its need to change shift patterns in relation to that employee in that particular way. I am working night shift 8pm to 8am, can I do 8pm to 7am because of child care. My colleague would do my shift for me, so the number of staff would be exactly the same. Can you please help me finding out if the management team can legally refuse a shift swapping? I now also have legal responsibility for my step son as well as my baby. State if the employee has made a request previously and if so when. The gender pay gap in the construction industry, Search jobs, franchise opportunities and articles on workingmums.co.uk, https://www.workingmums.co.uk/law-night-shifts-breaks/, https://www.workingmums.co.uk/trouble-over-request-for-more-flexible-shifts/, http://www.safeworkers.co.uk/if-your-employer-changes-your-working-hours.html, https://www.xperthr.co.uk/faq/can-an-employer-require-employees-to-use-their-annual-leave-during-the-coronavirus-outbreak/165040/, https://www.qredible.co.uk/b/start-new-business/, https://www.gov.uk/rest-breaks-work#:~:text=Workers%20have%20the%20right%20to,depends%20on%20their%20employment%20contract, https://www.workingmums.co.uk/hours-to-change-ask-the-expert/, https://www.workingmums.co.uk/flexible-working-a-guide/, https://www.qcs.co.uk/ask-sheila/much-notice-employer-give-regarding-shifts/, https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems, http://www.acas.org.uk/index.aspx?articleid=4282, Business Development Exec (Remote / Flexi-hours), Stigma still attached to taking extended paternity leave. I worked in a day centre for two years Monday to Friday 8.30am to 4.00 pm but there changed our time 8.30am to 4.30 pm started to till us we have got to work a weekend but I take the job because there was no weekend work because it was Monday to Friday work and work 8 hours without a break were do we stand, Hi, More information on changing shifts, etc, is available here – https://www.workingmums.co.uk/hours-to-change-ask-the-expert/. regards, Hi, In your contract does it specify the twilight shift and does it say that shift can be changed? I have submitted a flexible working request to do mon – fri 9-5 with no reduction in contracted hours which is in the process of being rejected. 6-2. My Tuesday shift has been cancelled now, should I still be getting paid for that as it’s not my fault. There is no official note, just because someone went to a food van. My contracted working hours have been reduced drastically next week and I only found out when I looked at my rota. When did you come back to work because any legal action would need to be taken without three months. Some of the most common areas to consider are covered below. If there is a less discriminatory way of achieving the employer’s aim, any change in shift pattern is likely to be indirect sex discrimination. Annual leave is usually an agreement between employee and employer, but employers can enforce it. By continuing to use this site you consent to the use of cookies on your device as described in our cookie policy unless you have disabled them. Sometimes employers must ask employees to move to a new shift. I work 3 nights in a row and have been told i have to attend training on the days im due to work the night shift. Is that right? . The change my employer wants to make is for me to work 2-8pm every day. if not is there any action i can take against it ? Your contract of employment, or local policy, may allow changes to your shift pattern, provided your employer follows the correct process. If a man is refused part-time work or changes to his working hours, he may have a claim for direct discrimination because of sex under the Equality Act (section 13) if his employer allows a woman to work part-time or reduce her working hours but not a man.. Usually, the employer and employee both need to agree to any contract changes. Hello, I've started a new job a month ago. You should look at your contract and check if there is any wording in the contract that say the employer can vary its terms without your agreement (often called a “variation clause”), and try to remember if anything has been agreed orally. Under TUPE, you can't really change any of the employment terms, but away from TUPE, you can change things as normal. You must say in your request how you think the change in your working pattern will affect your employer’s business and how your hours would work in practice. As a shift worker employee, speak to your manager: set out your issues and concerns, including whether the change you need is only temporary; emphasise the benefits to your employer of your solution and consider any problems that your manager may have beforehand. They won't even provide me with a confirmation of when I definately won't be working, so I can make arrangements around that. I have had my 2 weekdays off every other week the same for the past 13 years. Amongst other things, these give employees the right to request a change to their working arrangements, including any shift patterns, to allow them to work in a way that better suits their lifestyle. Or change the terms of the contract of … Examples of shift patterns why. The reduction in hours I handed my notice in on 24/12 with final leaving date 30/01. 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