Enforced change of hours

little_miss_messiah

Hi

Wondering if anyone could help, my current shift pattern is 6 on 4 off between the hours of 7am and midnight - there are talks on the table and the BEST option (!?!?!?) on offer is 7 days on and only 2 off (shorter shifts) this means an extra 28 days at work every year (I commute in 20 miles each way). And then they are wanting us to finish at 2330hrs instead of 0000, which means under our shift allowance scheme we will get 2.5% less overall wage on top!

I have major problems with this - I appreciate many people are not getting a wage rise this year and would accept the 2.5% loss as negating (or so) the 2.1% rise we managed to get last year

However I am not the only one travelling some distance to work, and I have the added issues of an elderly father with cancer to care for (me and sis have worked it out between us) and a brand new husband (of 3 months) who works away during the week who I'll barely see

At the moment my 4 days off are 3xmornings at Dads and 1 full day

Unsure how i'll cope - I have a fear as I'm the only fulltime worker on my shift and the only one who doesnt have kids I'll end up bearing the brunt of this as they all have 'flexible working arrangements in place on short hours due to having kids

THey are in talks with the union but our contacts state given 3 months notice they can change our shifts within our existing working hours and I'm not holding out much hope

Can nayone help at all? I waited 3 years to get this job and and losing sleep thinking that due to the shift pattern I'll have to look elsewhere in a very hostile jobseeking environment?

THanx in advance

computershack

I suspect that they've worked out that it is possibly in breach of the Working Time Directive.

Savvy_Sue

I'm not sure that you can't ask for your own flexible arrangements because of your caring responsibilities too ...

But if it is in breach of the WTD, they may not have a lot of choice about making changes.

little_miss_messiah

Need to look up WTD methinx - thanks!

computershack

I assumed that in the 7am-midnight that you were working one of two or three shifts, not the full 17 hours. You are only able to work 48hrs a week and there's a set amount of minimum weekly rest you must take. Actually thinking about it, 7 days on 2 days off BREAKS the law in respect to a weekly rest period under the working time directive so they might find themselves unable to implement it. So if you're wanting a get out, I'd be making noises about the WTD and where do you get your weekly rest period?

little_miss_messiah

yeah, we do it in 3 lots of 2 x 9 hr shifts at the mo - 2 earlies, 2 mids 2 lates then 4 off - new shifts will be shorter so weeks work excl meal breaks is the same at 37.5 I think

paulwf

According to direct.gov it looks legal:

Weekly rest - the 'weekend'

If you are an adult worker you have the right to either:
an uninterrupted 24 hours clear of work each week
an uninterrupted 48 hours clear each fortnight

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

However those shifts don't sound sustainable especially with the different shift times. You'll end up very tired especially with the extra commute, I wouldn't want to do that long term.

I'm sure the company could find a way around it. Given their attitude so far though unless it is fantastically paid I'd be looking for a new job...not that easy at the moment but you could keep working until something comes along.

computershack

paulwf wrote: »

According to direct.gov it looks legal:

It isn't. It is down to what is counted as a staturory working week for the purposes of the working time directive. It is a static week starting 00:00 Monday and ending at 24:00 Sunday OTTOMH. The WTD "week" doesn't start when you start a new working week in your job. As the job is a rotating week so you end up at several points in the year where you work a full 7 day WTD working week without a break and two weeks in a row with only 24hrs off in each "WTD week". If you start on Monday on the first 7 day on/2 day off, you've broken the law in respect to the WTD in the very first week because you've not had a continuous minimum 24hr rest period between 00:00 Monday and 24:00 Sunday. The following four weeks are legal. On week 5, you're breaking the law as you're not getting the 48hrs fortnightly as the 2 days off falls over Sunday/Monday which means you've had 24hrs off in the WTD week ending up to Sunday (legal because you had 2 days off in the working week prior to that) but only 24hrs off in the following WTD working week meaning that you've had two working weeks with only 24hrs off in each. The fact you have 48hrs off in the following WTD week is irrelevent.

Sounds a bit confusing but I've been working under EU Drivers Hours rules for the thick end of two decades which also calculate rest periods on a fixed 24hr and week, despite what else you do.

floss2

Also, don't forget that when calculating the "average" weekly hours for WTD, you do it over a rolling 17 week period, i.e. weeks 1 to 17,then weeks 2 to 18 etc.

Have you advised your employers that you have carer's responsibilities?And have you checked out whether this gives you any rights in this situation? Look here,here and here for more help.

little_miss_messiah

Oooh thanks all - lots of reading for me to do