Employer being unreasonable?

chris1210

Bit of a story this one, so bear with me..

At work, for the past 12 months, we have operated a 'continental' shift pattern. There are 4 employees, each who work 3x12hr days per week, culminating in cover for the company from 6pm sunday, through to 6pm saturday (work days and nights). We are currently contracted to cover our alternate shifts holidays, an entitlement of 12days per year. So, essentially, 12 days guaranteed overtime every year. Not a problem, as with the shifts, you end up with a 3on-7off-3on-4off-3on-1of-3on-3off... so time off is pretty decent. We were put on these shifts to 'mirror' a department which we feed further up the line, so we are always there in case of problems etc.

An employee has left recently, leaving us with 3 people, unworkable on the pattern. Company has turned round and said they dont wish to employ someone in his place as they dont deem there is enough work (even tho WE raised this issue prior to shifts commencing, but were reassured by employer).

So, the company has proposed to us:

Revert to 5x8hr shifts per week, beginning 6am monday, finishing 6am saturday

Drop is shift premium from 45% to 29.5%

Person on 6am-2pm that week is expected to be on call on Saturday (the one 'long' weekend)

Holiday cover when someone is off now becomes 2 people on 5x12hr shifts, with no time either side like on the continentals to recover. Not only that if 2 people were to put in 2 weeks consectuively, one person would be expected to work 4x60hr weeks.

We have a meeting to discuss this next week, but it sounds like its what they want. The 3 of us are adamant we are not accepting the conditions, but the whole situation is incredibly stressful.

I have been there 7yrs, and almost every year without fail, either someone is made redundant, someone leaves due to lack of support or prospects, or our shift pattern is altered which really affects us outside of work.

With a loss of worthwhile overtime and shift premium, we estimate a gross loss of £4500 per employee a year, along with more antisocial shifts and more cover is expected.

Dont think we are being unreasonable to reject this - but if they play hard-ball, what can we do, where do we stand?

Astaroth

Most contracts stipulate that the business can change your working hours as long as they give you reasonable notice - my contract doesnt even stipulate what my shifts are simply that I work 35 hours as business requires (though I cant remember the last time I only worked 35 hours in a week and I dont get paid overtime)

Clearly you can discuss the changes with your employers and it will be worth while pointing out the problem with the proposed new shift patterns (esp if it would break employment law on the working week/ time off rules) but ultimately if it is legal then they can almost certainly impliment it with or without your approval

jobbingmusician

Are you unionised? It does sound as if it might be worth the 3 of you joining a union and asking if they could give immediate help............:o

ohreally

Does your conditions of service allow for protection of pay to be implemented? In the event that your not unionised i would ask your employer to set up a consultative period although I'd guess that since there is only a few of you impacted by the proposals, management won't be particularly motivated to do this. If they attempt to introduce this change consider prosecuting a grievance through the company procedure giving cognisance to tight timescales which must be adhered to in the event you may wish to go to tribunal.

advent1122

If you are contracted for X number of hours per week then the employer can give you any shifts they want.

ohreally

advent1122 wrote:

If you are contracted for X number of hours per week then the employer can give you any shifts they want.

Conditions of service,which form part of your contract,can be implied and also recognised throgh custom and practice.Since these shift arrangements have been operated for some time i'd be arguing from a c&p perspective to retain the status quo at least until a consultative agreement has been reached.