working hours vs health/mental state

little_girl_lost

WARNING: This is going to be really long, but I'm determined to get all the info in to get the best advice, please stick with me:p

I work in a fast food place which recently changed their opening hours, so I can get a 6-9 hour shift anywhere inbetween 5.30am - 12.30am.
Also you get a different day off each week.
Oh and every day your shift is different- God forbid any kind of rutine!

For the last 6 months Ive been getting more and more run down, So I asked them if I could do Monday-Friday with shifts between 8am and 6pm.
Which I know they could manage they have enough kids working there to do the weekends and after college shifts.
Plus other people do it - I just dont have kids like they do.
But they said no because "they need people that can be flexible."

Anyway- 1 month ago I got a cough that turned into pneumonia.
Long story short ended up on Valium because I couldnt stop hyperventilating, now they started me on antidepressants in order to control panic attacks. Which I thought I was hiding well but obviously not.

Im suppossed to go back to work on Wednesday.
Is there anything I can say like "due to my health I can only work these hours?" These are NOT reasonable people! This is going to be a fight- one im not looking forward to.

p.s if I could get another job I would!

Any advice appreciated:beer:

SarEl

There sort of may be (sorry, it isn't any clearer than that!), but even if there is, it isn't going to happen before Wednesday. Your illness does not qualify as a disability, although if your mental state is deteriorating (I am afraid being "run-down" or short term illness does not count), you may eventually qualify on these grounds - although that isn't something to be aspired to. However, the employer has a duty of care, and if your GP is prepared to tell the employer that your mental health is being adversely affected by your work, then the employer ought to consider reasonable adjustments to the working environment (which may include hours of work) to support you, on the basis that if they do not and your condition worsens, they may face a personal injury claim.

However, this strategy is not risk free. They do not have to agree, and if they do not you cannot force them to. It is unlikely, although there is a risk, that they could treat this as an incapacity to work, and this could eventually become gounds for dismissal - to make such a dismissal fair they would have to demonstrate that doing this would be impossible due to their business needs, and if you are sure that this is permitted for other people then it may be hard for the employer to prove. And if there were to be a situation in which people were being let go due to redundancy, lack of flexibility may be amongst the selection criteria applied (an adjustments under these circumstances would really need to be backed by a disability to avoid it being counted).

In reality, what you are asking depends on the employer being willing to do this, rather than being forced to do it, and this may be unachievable if they have already resisted it. I certainly don't see any harm in asking again, if you wish to do so. Alternatively it may be a case of having to bide your time in this job and be applying for others where the working conditions better suit you.

tcr_3

There's been a shedload of studies which indicate that constantly changing shift patterns have a bad effect on physical and mental wellbeing. So I'm not surprised you're suffering. I'm interested that some of your colleagues are protected from the worst of the shift pattern because they've got children ... are their contracts different to yours or is it just favouritism by management ?

Yeah ask for a more fixed shift pattern if your health is suffering. Limiting your intake of stimulants (caffeine, nicotine etc) might ease your panic attacks a little bit & allow your health to recover. I know how awful panic attacks can be ... hope you get well soon.

ceridwen

I wonder if there might be any possibilities on the sex discrimination lines?

I presume that the workers with families who are getting better hours are only the WOMEN with families. Are the men with families having to be as "flexible" as you - or are the management being easier on everyone with families (whether they are male or female).

if they are only being easier on WOMEN with families - then the men with families could possibly claim sex discrimination - and then there might be some sort of opening for you there too?

Just an odd random thought here - and obviously SarEl will know much better than me on this (as I'm not a trained lawyer - like she is).

Googlewhacker

ceridwen wrote: »

I wonder if there might be any possibilities on the sex discrimination lines?

I presume that the workers with families who are getting better hours are only the WOMEN with families. Are the men with families having to be as "flexible" as you - or are the management being easier on everyone with families (whether they are male or female).

if they are only being easier on WOMEN with families - then the men with families could possibly claim sex discrimination - and then there might be some sort of opening for you there too?

Just an odd random thought here - and obviously SarEl will know much better than me on this (as I'm not a trained lawyer - like she is).

Whilst this maybe true is it not irrelivant as the OP I am guessing is female by their user name?

As or the OP, some may have been hired on those hours and there maybe a mix of 'fixed' hours staff and flex hours staff and maybe they can't offer someone that is flexible fixed hours as it reduces their capability to cover shifts efficiantly

wuckfit

The Working Time Directive might also come in to play. It states that you're entitled to 11 hours rest between shifts. this means that if you finish at half-past midnight the absolute earliest you can be legally required to start your next shift is 11.30am.

the details are here: http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451

wuckfit

Judas wrote: »

What a great thread.

The OP doesnt like their shifts; so instead of suggesting she looks for a new job; she is encouraged to abuse DDA and sex discrimination. No wonder these acts are so often ignored.

The fact is nothing the OP posts suggests they should be given shifts; why should the students etc be discriminated against as she wants.

If you dont like it move on.

Hey Noob: Be Nice to all Moneysavers.
It's not difficult to understand.

SarEl

Judas wrote: »

What a great thread.

The OP doesnt like their shifts; so instead of suggesting she looks for a new job; she is encouraged to abuse DDA and sex discrimination. No wonder these acts are so often ignored.

The fact is nothing the OP posts suggests they should be given shifts; why should the students etc be discriminated against as she wants.

If you dont like it move on.

Could you please point out where anybody suggested abusing the DDA? The DDA was not mentioned at all, and in fact the only advice referring to disability was my own - and that said that she would not qualify as a disabled person.

Nor did I notice anyone suggesting that she abuse the Sex Discrimination Acts. It was suggested that this might be an avenue to explore, and equally, quite rightly, pointed out by others that it was highly unlikley to apply.

That is using the law not abusing the law.

snapping_crocodile

I'm afraid you took the job on knowing it would be shift work. Not everyone who works shifts has a regular pattern to the times they work. Unless you can get a letter signed by a consultant to say that shifts are having a major impact on your health, then you either have to stick with, or find a job that 9-5 mon-fri :cool:

CFC

I think Judas has a point Wuckfit; most of these kind of establishments fight against fixed shifts as they need flexibility and it is a sad fact that parents will generally manage to get them thus those without children feel it's unfair. If your real requirement is for fixed shifts rather than simply getting better working hours, you may find that requesting a weekend fixed shift rather than a 8-6 Mon-Fri gets an agreement. I myself used to do this, I worked 3-11pm on Saturdays and Sundays as part of my fixed shift request and the request was looked on favourably. Also an 8am start on Sat and Sunday might be considered as those are also unpopular shifts.
Sorry about your pneumonia, hope you feel better soon.

albo2002

Judas is a troll who likes winding people up - ignore him