Been given new shift pattern I dont agree with...

[Boogler]

Came into work this morning and was sent to a meeting and given a new shift pattern due to needs of the company.

 

New pattern does not exceed 42 hours a week BUT it does have some 7 or 6 day stretches without a day off eg

 

7 days on,2 off,7 days on,2 days off,6 days on,4 days off,7 on etc

 

I dont think I have a case of complaining as technically they are giving me 2 days off in 14 days-but 7 days in a row is such a long time to then get 2 days off then go back for another 7-especially as im on foot 90% of the day

 

Am I best to go through the grievance proceedure or is there any legal way I have missed to get this changed?

 

I believe the contractI have states the company has a 'right to change shift pattern from time to time for buisness reasons 'as well

 

Do I have to go with what they say?

[elche]

Hi OP

 

It's horrible when they do that isn't it.

 

The four questions i would ask of you would be;

 

1) Length of service

 

2) How long you had worked on your old shift pattern?

 

3) Have there been any changes to your shift pattern before this one?

 

4) Any union?

[Boogler]

1.Ive been there 3 and bit years

2.The old one had been going about 18 months

3.The pattern before that had very minor issues changed

4 No union

 

the other issue is they have brought in new start times of shifts (halfway during day) effectively cutting our social life (no time to do anything before work/too late to do anything after)

 

The reply to this question when raised was 'if you have got any criticsm to our plans that are of a operational nature then they will be listened to,any personal issues anre best kept to yourselves-youre here to work not socialise'

[elche]

An employment contract, is just like any other contract, not able to be changed unilaterally. Thus if one side, the employer, changes a fundamental term of the contract (e.g. hours per week), then this should only be done by mutual agreement with the other contracting party – the employee.

 

However by your own admission your contract had a clause allowing the employer to make changes – significantly weakening your case, if not destroying it entirely.

 

You would essentially be arguing that this express clause in your contract has been overridden by custom and practice I.e. No significant changes to your shift pattern in the '3 and a bit years' that you have worked there.

 

Good practice is that the employee should have been consulted re the proposed changes. There seems to have been little consultation here. A 14-28 day consultation would have been ideal for significant changes – what about employees who have to re-arrange childcare etc.

 

That said, lack of consultation alone is not a free-standing head of claim. Length of consultation can vary with size of workforce, and the length of service of each employee affected, and of course the reason for the change.*

 

If a change is imposed,the employee has 3 options, to continue to work and say nothing, continue to work, but make it clear this was under protest, or resign and claim constructive dismissal, subject to the need to have first raised a grievance.

 

To reach a considered conclusion - employment contracts, length of service, staff handbook, custom & practice in the industry, the reason for the change, amount of consultation, minutes of consultation meetings - These would all be relevant in assessing chances of claiming constructive dismissal.

 

I think all things considered, due to the express clause in your contract you could have a weak claim, but good luck anyway.

 

Che

[Boogler]

Im more keen in trying to get them to not get us to do 7 or 8 days in a row-especially as there is no reason to-theres plenty of staff to accomodate us not to have to 7 or 8 days in a row.

[elche]

Im more keen in trying to get them to not get us to do 7 or 8 days in a row-especially as there is no reason to-theres plenty of staff to accomodate us not to have to 7 or 8 days in a row.

 

Raise the issue informally, you may have already done this.

 

Assuming not resolved, submit a written grievance then citing this as the basis of the grievance.

 

The reason I cite the CD claim is that if your employer refuses to amend the hours, then at some point you have to decide to continue to work there on the new shift or resign and claim CD - a brave move in today's economic climate!

[Boogler]

I will have to write a grievance-funny thing is my manager tried to make me work 8 days consectively once before because i owed the company some time for telling me they didnt want me in on a bank holiday and he wanted me in on a saturday to make it easier fopr him.

 

I went up to the general manager with the prob and he said 8 days was unreasonable and it was overturned.I cant believ he would now allow that day in day out,week after week.