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You may have a potential issue regarding discrimination in the event that you could be considered disabled.


Have you put in writing that you have a health issue which predicates that these are not hours you can work?

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all trusts are probably slightly different but I do know people argue about 'implied contracts' in my trust all the time,

the general feeling is that if you have been getting the shifts you want for two years or more you have one of these magic implied contracts and there is nothing anyone can do about it.


As far as I know there is no policy on the same, but it seems that in my trust anyway that it is the way it goes.

and yes I am bitter about it because when I came back after a significant injury I couldn't even get my shifts split despite that being the recommendation of everyone I ever spoke to, including occupational health


- apparently I was assessed as fit to come back full time and therefore nothing else mattered but people on these implied contracts to accommodate their childcare get what they want, despite no longer actually needing the childcare as their kids are older.


you will almost certainly need to involve your union to get this resolved, in my experience management do very little without their involvement, but again that could just be my trust

Edited by dx100uk
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are you worried about more hours or just different hours? if the former then the OH assessment will decide that once and for all. If the latter the why do you think that you are exempt because you dotn like the hours?

be clear what is being asked of you and what you can expect

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  • 1 month later...

Hi Everyone,

I work in the NHS and was taken off long hours shifts due to health problems after a recommendation from occupational health two years ago.


A new manager has come in and is changing things round and i may be made to participate in these shifts, can i be forced to do these shifts as i think that i would have to give up my job.


Any advice is very welcome, Thank You.

Edited by dx100uk
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I have an appointment today, the problem is that occy healths recommendations do not have to be followed, it is just that for the last two years they have followed occy healths advice and i am not confident that this new manager will be so understanding.

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The manager won't be able to simply ignore the recommendations - an organisation as large as the NHS knows that puts them at risk. But it does depend on the exact circumstances, because health conditions change (so two years ago isn't now), why you can't do them, and the needs of the business and how easily or not they can fit around your requests.


Based on this amount of information, there's no useful answer we could give, but don't assume that you need one. The manager may not have a problem with the OH report. Equally, it may not say that it supports you. You'll find that worrying about problems that haven't yet happened is pointless.

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old and new threads on same question merged


please keep to one thread

else it only makes people repeat advice already given.

and could make then think you are ignoring their help.



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If everyone stopped blindly paying DCA's Tomorrow, their industry would collapse overnight... 

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Ah, thank you, and that is most helpful.


I believe that I can begin to discern why the manager might be clamping down on such things.

I think this is quite definitely one for the union.


There are clearly multiple issues here, and without taking any sides at all, it does seem that managing a service in this context and also meeting the expectations of individual staff seems to be complicated, to say the least.


In the end, if nobody wants to work shifts that are inconvenient to them

- in a hospital that had higher responsibilities than just happy staff

- then I am afraid it comes down to two options.


The first of those is that staff do the work.


The second of those is that the staff are replaced by staff who want to do the work.


I wouldn't recommend letting it go to option 2 unless you really want to lose your job,


I think the union needs to pick over this series of problems and work out what is winnable

- and what isn't.

Edited by sangie5952
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