Is there any hope???

CSL1962

Help please....

I've worked part-time (doing 20 hours per week over 5 days at the moment) for a national retail company for over 8 years. I live approx 10 miles form work and have a 10 year old son I have to take to school when my partner cannot, which is 50% of the time. They've chopped and changed my hours of work on a regular basis and I've always managed to juggle my/our life to accommodate so far. I think their latest efforts maybe a step too far and would like to know my options to challenge/appeal/redundancy etc.

At present I work 9:30 to 13:30. The company are proposing to change the hours of work to an hour either side of an agreed start time and give 2 weeks notice of change of shift i.e I could be ordered to start 8:30 and finish at 12:30 or start 10:30..... etc. The shifts are being promoted on a first come first served basis and colleagues are being pressurised to choose and sign 'on the spot' in their 'consultation'. Finally, they want to bring in the new work patterns in mid-April.

My questions are; Do they have to give 90 days notice for a change in contract? What is my position if i refuse to sign on the basis that the hours are not 'family friendly'? Would I be able to seek unfair dismissal/redundancy? I've read about indirect discrimination i.e. the changes would effect women more than men with child care etc, would this be an avenue to explore?

I can see an issue down the line where I can not make my start times which would lead to disciplinary/dismissal...

Any help or pointing in the right direction would be much appreciated at this difficult time.

nightingalesgarden

If you have not already done you need to request flexible working following either the process in the link attached or following local policy if this is different.

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10037051

Remember to balance the needs of the business against your needs in your application.

Quick thoughts about your other questions

1) Redundancy - No, it's the job not the person that is made redundant
2) Unfair dismissal - were you thinking about constructive dismissal? - e.g. you resign and claim - get legal advice, this is a very risky strategy
3) Indirect Sex Discrimination under the Equality Act - Probably not - refer to Flexible working.

CSL1962

Hi Nightingalesgarden

Thanks for your help. I've read the link which sounds ideal. The only problem might be by requesting the flexible working would require me to accept that I've agreed to the changes in the first place. Also the company have already started the process so I'm not sure how it'll be received at this stage

I think my reasons would revole around there are enough persons without Child Care issues to accommodate the company's needs

As I stated earlier, I can forsee a time when I wont be able to meet the attendance and therefore give them an opportunity for discipline leading to dismissal. I think constructive dismissal would be the option at that stage but I don't want to do anything that scuppers my chances in that eventuality i.e. agree to the change which is then used against me at a later date. I would not resign on principal but try to make as strong a case as possible for constructive dismisal.

Thanks again

nightingalesgarden

No problem.

Apply now - don't wait. Just make sure that your application is a strong business case - not just based on your childcare needs. You need to explain how it would work for them and you (so they have less wiggle room to refuse)

e.g.

1) The hours that you are requesting are in "core" or "peak" hours or cover is where it is needed
2) That the flexibility of their <new> shift system means that they could work around your fixed hours
3) That you would be flexible in peak holiday periods (with notice) to change/work more hours (give something back/sound reasonable)

I forget the exact % but I think it's something like 6% of constructive dismissal claims are successful in the tribunals - so it's not an easy journey - and the pay out tends to be only based on standard redundancy terms - so not a great deal of money for all the stress - especially if it takes months to get to court.