Jump to content


Shift re-write - is this discrimination?


style="text-align: center;">  

Thread Locked

because no one has posted on it for the last 4776 days.

If you need to add something to this thread then

 

Please click the "Report " link

 

at the bottom of one of the posts.

 

If you want to post a new story then

Please

Start your own new thread

That way you will attract more attention to your story and get more visitors and more help 

 

Thanks

Recommended Posts

I work in a call centre and we have just undergone a shift re-write, the formula for this was based on preference - proximity to current shift - performance - then tenure. Basically I've been shafted big time and put on the worst shift, I'd asked for earlies and was put on lates, apparently the reason for this was because my preferences were not in proximity to my current shift, which by the way has been disbanded. I'm due to go to consultation with my manager next week, but need advice as I believe using proximity to shift is discriminating, can anyone confirm this?

Failing that as a last resort I completed a flexible working application in prior to the re-write which has still not been acknowledged 2 months later, I sent the request in on the 2nd and the re-write stuff was issued on the 23rd, no confirmation ever rec'd though?

 

Any advice would be great.

Link to post
Share on other sites

I believe using proximity to shift is discriminating, can anyone confirm this?

 

Probably not

 

Discrimination must be some kind of less favourable treatement bassed wholly or partly on age, race, sex, sexual orientation, religous belief... etc

 

I believe that on certain occasions shift patterns have been held to indirectly discriminate against women who are more likely to have child care responsibilites.

 

You may have a claim - a flexible working request if submitted in writing should have been dealt with within 28days

 

What sex are you and what time are the new shifts?

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

I'm female and they have given me 10.15 to 22.15 working 3 days on 3 off, even though my flexible working request explained that I could no longer work late evenings. Also I was re-located a couple of years ago when our centre closed so I have to travel and wouldn't get home until after 11 at night.

Link to post
Share on other sites

Hi Maca

 

the criteria you say your firm is working from does sound the same as used in most workplaces. i think they use the 'proximity' high on the list so to keep as many people as close as possible to their current working pattern because the majority of staff will want to keep as close to their present working hours, cause if they not happy working them, they would have put in for a shift swap!

 

you dont say what hours you work now, so is the new shift similar to what you are doing now?

 

Elche is steering you right on the flexible working application. if you have young children and have put in a formal request under the flexible working process, (applicable to both men and women) there are quite strict guidelines your company must follow. you must raise that as a priority and if the request has 'got lost' amongst the dealings for the shift re-write, you could 'use' it against the Company for falling down on a legal procedure! (if it was a formal request in writing in the correct format of course!)

Anything I post is my own opinion and views based on experience. My posts may not represent the views of my Employer, work collegues, or my Mum, i thought them up all by myself!

Link to post
Share on other sites

The way I see it, and please forgive me Discrimination is not my strongest area, you have three distinct heads of claim; potentially:

 

a) Direct sex discrim due to the denial of your flex working request

b) Indirect sex discrim because of the pattern and apparently inflexible nature of the new shift pattern

c) A claim for the procedural breaches in dealing with your flexible working request – (max award at ET for this head of claim being 8 weeks pay capped at £330 per week)

 

Discrimination claims are complicated and, in my opinion, need a face to face interview between claimant and advisor in order to properly advise. You should seek such advice either at a law centre. CAB, trade union of which your are a member, or check any insurance policies for Legal Expense Cover

Edited by elche
typo!

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

  • 3 weeks later...

Thanks for all your advice, I had my consultation with my manager and advised him that the reason's I am unable to work were the same as in my flexible working application, which explained the problems I have working late evenings and I've just had the results of my consultation back today and have been advised that they have been declined.

I have queried my flexible working application and have been advised that all flexible working applications were placed on hold at the time of the re-write and although my application had already been in for 3 weeks before the re-write was formally announced it is still classed as being "under that period" I have been advised that they will not look at these until after the re-write has been completed.

I have the right to appeal which I am preparing to do now, my concern, or one of them, is that the new contracts take effect fom the 1st of October and I don't know what's going to happen, well I possibly do but need it spelling out for me....

Not sure if this is relevant or not but I was offered redundancy 2 years ago as the site which I worked was closing down, instead I took the relocation package and agreed to move to a different site involving more travel, could this help my case at all?

 

Failing that how do I proceed with sexual discrimination (probably indirect) and when should I, should I mention it in my appeal and put it in writing?

 

In response to Orange primate my flexible working request was sent electronically via e-mail so it proves it was sent to the correct person.

Link to post
Share on other sites

All this talk about flexible working requests and I just realised a crucial bit of info was not stated.

 

Were you eligible to apply under the stat flexible working criteria or is this an informal app under a company procedure?

 

The stat right comes with numerous qualifying conditions, the most obvious being ... Do you or your partner care for a child under 6 years old or a disabled child under 18, or are you carers?

...................................................................... [FONT=Comic Sans MS]Please post on a thread before sending a PM. My opinion's are not expressed as agent or representative of The Consumer Action Group. Always seek professional advice from a qualified legal adviser before acting. If I have helped you please feel free to click on the black star.[/FONT] [FONT=Comic Sans MS] I am sorry that work means I don't get into the Employment Forum as often as I would like these days, but nonetheless I'll try to pop in when I can.[/FONT] [FONT=Arial Black][FONT=Comic Sans MS][COLOR=Red]'Venceremos' :wink:[/COLOR][/FONT][/FONT]

Link to post
Share on other sites

Hi Maca, first of all what shift did you do before and what are the shift patterns going to be from October. You need to work out which shift suits your domestic situation best (pick 2 if possible) this will show some flexibility when talking to HR (if you wish to you could also discuss split shifts although I'm guessing this wouldn't suit your circumstances. You need childrens ages (important as discrimination goes out of the window if your childs actually a teenager), distance and travelling time to and from work.

Once you've got this info post it here and we'll go through the discrimination regs and see if you've got a case

Link to post
Share on other sites

Firstly I am eligible for flexible working have 2 children aged 6 and 3, also have previously been granted a flexible working request follwing my transfer from previous site in 2006, so from Oct 2006 until July 07 I was working a flexible working pattern of 10-8pm on a 3 on 3 off shift, then a new shift was introduced as a trial to work compacted hours, working 12-10pm mon - thurs, which I volunteered for and was subsequently accepted. I have been doing this shift to date, however the shift has now been disbanded in the shift re-write.

 

In my consultation I have advised that I can work flexibly between the hours of 9.30 and 7.30pm and would consider any shift between these hours, however the request has been declined, no alternatives given, just a right to appeal.

 

I have spoken to HR today and "asked for advice" on what to include in my letter of appeal mentioning that I was thinking about going down the indirect sexual discrimination route and also do I have to raise a seperate grievance regarding the breach of the flexible working process or could that be included. She has since been onto my manager and rang me back to advise that my flexible working meeting will be held at the earliest possibility and they should not have placed it on hold.

 

I'm hoping that by speaking to HR it may prompt someone into doing something.

 

It's a 20 mile journey to work which takes 40-50mins normally.

 

Thanks

Link to post
Share on other sites

 Share

  • Recently Browsing   0 Caggers

    • No registered users viewing this page.

  • Have we helped you ...?


×
×
  • Create New...