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I work at a care home and they have sent us a letter saying that they are changing our shift times, at the moment they are 8 - 2.30pm 2.30pm - 9.00pm and 9.00pm - 8.00am. They want to change them to 8-2, 2-8 and 8-8, thus reducing each day shift by half an hour and extending the night shift by 1 hour, they have also said that no one will lose any of their contracted hours, can they do this and do we have to agree to it ?

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Hello Dawns,

 

welcome to the world of CAG.

 

I work permanent nights and do 12hr shifts in a hospital but since I have been employed our shift times have been changed many times.

We have always had a chance to discuss as a team why the shift times need to be changed and what will be gained and if we all agree.

 

What are their reasons for the change?

Will this impact on unsocial hour payments, ie working after 19.00hrs and before 07.00?

Are they trying to save money!!! of course they are!!!

You will probably only have an employment contract that is specific to your job or grade and hours to work not your timing of the shifts specifically.

 

I may be wrong! Someone else will read this soon too so you will get lots of advice.

 

Good luck.

Night Owl

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Hi Dawns, welcome to CAG.

 

How long have you worked there and what does your contract say your working hours will be?

 

Che

...................................................................... [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]

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Hi and thank you for the quick replies, our contracted hours will not change and i really don';t think it is to save money as they are not reducing anyones hours, I have worked there since May 2008 and my contract is for 32 hours on a 7 day rota does not state shift times at all, it also says that i may be asked to work extra hours at my normal rate of pay. To be honest i am not overly bothered about the change but some of my colleagues are determined this will not happen, i feel there is nothing they can do and to be honest will not win so that is why i came on here to get some information that i can hopefully pass on and calm things down.

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Has anyone explained why they need/want to do this? If the company give their reasons then staff may be more accomodating - assuming the reasons are valid!

Poppynurse :)

 

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Firstly for your particular case, i would not advise making a massive 'fuss' as you are under 12 months service.

 

Secondly, it would appear from the contract that this may not even be a unilateral change to the contract by the employer as your hours of work clause is drafted in the manner it is.

 

Perhaps some colleagues who had worked there a long time i.e. 3 years plus and had always done a set hours pattern, could attempt to argue that custom and practice dictates that their hours of work are 'x'. BUT it is VERY unlikely that a Tribunal would allow a rule developed by C and P to override an express clause of the contract.

 

Ultimately, colleagues with over a years service will be faced with 3 options if the change is imposed:

 

a) Continue to work and say nothing

b) Continue to work and make it clear this is under protest e.g. by submitting a grievance

c) Resign and claim constructive dismissal - not something I would advise.

 

Che

...................................................................... [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]

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