change of contract and working hours help

[steven3367]

i work for a large company that has been recently taken over. i currently work a fortnight days then a fortnight nights inc christmas and bank holidays. so one week i work 5 days the next 2 days all 12 hour shifts. the boss has decided that he is now going to change these and add 2 weeks mon to fri 8 hour shifts this will make me work around 26 days a year more for the same money but i will be working less hours over a six week shift pattern.

he is paying off around 19 people saying a job we currently do in 12 hours can be done in 8 and incorperating various jobs to get rid off men. we also work in very high temp around 100 degrees c and cant get him to realise that u need regular breaks from the heat apparently there is no law concerning exposer to heat but there is for cold any advice will be gratefully recieved

[Sidewinder]

Dealing firstly with the temperature, this is covered by the Workplace (Health, Safety and Welfare) Regulations 1992. You are correct in believing that there is a legal minimum temperature but no legal maximum, although the regulations require that the temperature must be 'reasonable' given the nature of the work being undertaken. Your employer must however take every possible step to maintain comfort through providing insulation, shading and ventilation, and if neccessay, protective clothing in addition to providing rest facilities, task rotation and other means of preventing prolonged exposure to excess heat. Relevant details can be found HERE

 

You say that the company has recently been taken over - how recently and was the transfer of the business subject to TUPE (Transfer of Undertakings) rules (this should have been made clear at the time)? If so, then the employer is obliged to maintain your existing terms of employment, including hours and shift patterns. He may negotiate change but not enforce it, and may only do so in the interests of Economical, Technical or Organisational reasons - not merely because he wants to as a result of having taken over the business. If you have a Union, I would suggest that you get them on the case. If not, then raise of formal Grievance against the proposed changes, asking for reasons and justification for the changes. Your income should be protected, even if the employer can justify a change to shift patterns (although even here he could only make changes with proper negotiation and notice).

 

For more information, try HERE or HERE

[steven3367]

he has given us 90 days notice and we have lodged a formal Grievance against the proposed changes. there is no loss of income but we will be working extra 26 days a year for nothing working 8 hour shifts instead of 12 this means child care costs go up and so does traveling to work he should offer something to cover the extra cost. one lad mentioned the child care as he is divorced and has the kids on his days off now he is going to be working more days he wont see them as much,

[Sidewinder]

It is not uncommon for an employer to have to 'buy out' existing terms and conditions when it becomes neccessary to make changes. Your employer is going by the book in giving 90 days notice and I hope that as a part of the grievance process he is willing to put his hand in his pocket to compensate those affected. It sounds as though he may have valid ETO reasons for making the changes but he will need the goodwill of the employees to see them through.

[steven3367]

the main boss has just heard that we will be working an extra 26 days a year for the same pay and was suprised as the manager that pitched the change of shifts to him only pointed out that it was less hours per week so hopefully we will get rid of the manager. there was also an internal job advertised that was the withdrawn said due to medical reasons it now seems that they have interviewed temps for this job are they allowed to withdraw a internal post that wass full time and make it a temp job