Advice needed: Shift pattern changes

Bailey73

Due to family requirements it was agreed between my wife and myself that I would work a permanent night shift to enable me to look after our daughter during the afternoon after pre-school to reduce our child care costs, I have been doing this for nearly 2 years and it has worked out very well for us all.

Recently we were made aware that the company are looking into changing the night shift (18.00 - 06.00) into a twilight shift, this would mean permanently working either 12.00 - 00.00, 12.00 - 22.00 or 14.00 - 00.00 this alone would cause a great strain on our finances as we would need to find extra childcare for our daughter outside of Pre-school, also the company are looking to reduce our night shift allowance which currently stands at £300per month to about £100 - £150.

As some of you may know I am trying to clear £42,000 worth of debt but with the increase in childcare costs I will struggle to clear it as quickly as I would have liked as we have worked out our extra child care costs will be around £350 - £400 per month. I am currently looking into the child care vouchers which will help out to a degree.

I understand the reasons behind the company decision but feel annoyed that they would like to drop our night shift allowance when infact the shift pattern they propose is even more unsocial than permanent night shift as we will work part of the day and most of the night.

The company decision will cost me more money, I will earn less and see less of my family - I dont want to leave the company as I have worked there for 10yrs + but feel I wont have an option.

Can the company decrease my wages if it is they who are changing the contracted hours?, do they not have to protect my wage for 2 years due to a contract change?.

Any advice on this would be greatly appreciated.

Thankyou

Darren

Emmzi

If it's an allowance and not on basic pay, no, they can change it with the change in shift to less 'unsociable' hours. They do need to give you notice of changes.. about 4 weeks is usual.. and you can ask for more family friendly hours. Is there any shift pattern (not neccessarily the ones on offer) within the hours they will now be open that would work?

Failing that, do you live near a mail centre? Royal Mail are a large employer and shifts are 6am-2pm, 2-10, and 10 til 6...

Emmzi

PS have you asked if they are doing VR for people who cannot change to new shifts? Might make 'em think.

Gemmzie

Sorry to interrupt... but what's VR?

Emmzi

voluntary redundancy. as opposed to compulsory.

wonderfullife_2

Emmzi wrote: »

Failing that, do you live near a mail centre? Royal Mail are a large employer and shifts are 6am-2pm, 2-10, and 10 til 6...

He would never start at RM as a full time employee, they stopped taking on full time years ago, in fact I know part-timers that have been waiting years to get a full time position, with no luck
And especially now, with all the cuts that RM want to make, and employees being the biggest one, they're giving out VR like nobody's business. They are also considering stopping all night work at the delivery offices, and removing weekend work thus cutting hours back.

Found on the web
A contract of employment is a legal agreement between the employer and the employee. It contains terms, either express or implied, which cannot lawfully be changed or varied by the employer without further agreement from the employee (either individually or through the trade union).
Many terms of the contract are, of course varied from time to time, by mutual consent, so if no trade union then I would certaintly seek advice about this one, perhaps CAB can advise.

I would also expect them to "buy out" or offer renumeration for the loss of your night shift allowance.

I certaintly wouldn't resign but would take advice on this issue, your much better off having a meeting with your boss, fully armed and updated on where you and your employer stands legally on this issue.

Good luck

CFC

wonderfullife wrote: »

Found on the web
A contract of employment is a legal agreement between the employer and the employee. It contains terms, either express or implied, which cannot lawfully be changed or varied by the employer without further agreement from the employee (either individually or through the trade union).

I would also expect them to "buy out" or offer renumeration for the loss of your night shift allowance.

I certaintly wouldn't resign but would take advice on this issue, your much better off having a meeting with your boss, fully armed and updated on where you and your employer stands legally on this issue.

Good luck

I'm afraid that Emmzi is right. They are able to change the 'allowance' or 'incentive' to work particular shifts by merely giving notice.

For some things they would need to enter a consultation period with the employee before changing it but if you have only benefited from a custom or practice for two years that would be unlikely unless it was a benefit stipulated in your contract. In that case they would still be able to change it but would need to enter into a consultation with you first.

Most employers will not 'buy out' any non-legally enforceable benefits for anybody unless they are a very good company or highly unionised and the union manages to negotiate a good deal.

marty1888

Bailey73 wrote: »

Due to family requirements it was agreed between my wife and myself that I would work a permanent night shift to enable me to look after our daughter during the afternoon after pre-school to reduce our child care costs, I have been doing this for nearly 2 years and it has worked out very well for us all.

Recently we were made aware that the company are looking into changing the night shift (18.00 - 06.00) into a twilight shift, this would mean permanently working either 12.00 - 00.00, 12.00 - 22.00 or 14.00 - 00.00 this alone would cause a great strain on our finances as we would need to find extra childcare for our daughter outside of Pre-school, also the company are looking to reduce our night shift allowance which currently stands at £300per month to about £100 - £150.

As some of you may know I am trying to clear £42,000 worth of debt but with the increase in childcare costs I will struggle to clear it as quickly as I would have liked as we have worked out our extra child care costs will be around £350 - £400 per month. I am currently looking into the child care vouchers which will help out to a degree.

I understand the reasons behind the company decision but feel annoyed that they would like to drop our night shift allowance when infact the shift pattern they propose is even more unsocial than permanent night shift as we will work part of the day and most of the night.

The company decision will cost me more money, I will earn less and see less of my family - I dont want to leave the company as I have worked there for 10yrs + but feel I wont have an option.

Can the company decrease my wages if it is they who are changing the contracted hours?, do they not have to protect my wage for 2 years due to a contract change?.

Any advice on this would be greatly appreciated.

Thankyou

Darren

I notice all the shifts finish at midnight. Thats the cut off point for the higher rate of pay.

**Patty**

The company (or any company for that matter) can change any component of your contract of employment by simply giving you 13 weeks notice.

You have 2 options:

1. You look for alternative employment
2. You' ve got 13 weeks to make alternative arrangements & stay with the current job.

Normaly, as far as my experience goes, *buy-outs* occur when the company wishes to change it sooner than the 13 weeks.

In answer to the OP's questions,

1. The company are not changing your *contracted hours* (the amount of hours will stay the same)....just the times at which those hours are worked.
2. No, due to the 13 week part, you get no protected pay.

From the details that have been posted, that's the best advice i can give

iceicebaby

Where I work they are allowed to give you 13 weeks notice of a change to hours/pay/bonus scheme etc like Patty said above.

Also only the basic pay rate is contractual. Any bonus's or shift incentives are non contractual and can be stopped/changed with a certain amount of notice

Bailey73

Thankyou all for your replies.

I spoke with the Union yesterday who have been negotiating with the company on our behalf and they informed me that the company will be speaking to everyone on an individual basis.

The changes the company are making is to safeguard our jobs and a drop in shift pay was part of the negotiation. I will wait until my meeting to make a decision on my future with the company.

Thanks again.