Split Shifts -should they be wrote into the contract?

cusssi

Hi,

I work in a care home. 20 hours a week.

My contract says, "your hours may start at any time of the day, you will be required to work weekends, as well as evenings, waking nights and public holidays. Individual rotas will change from month to month to meet the requirements of the company and its service users."

They want me to do a split shift. 7am till 9am then back again on the afternoon to do 4pm till 9pm. I cant do it, ive never done one before and I certainly would not of took the job if I known they would impose these on me.

They insist I have to do it. I said its not in the contract to do split shifts.

Should it be in the contract for this type of shift pattern.?

Thanks

Whiner

They are the employers, they can tell you what hours they need you to work.

mummyroysof3

Why can't you do it?

cusssi

It costs more to put my 2 children into childcare than what I would earn. I also have no one to pick them up at 6pm. Husband can either drop them off or pick them up not both. They know these two reasons. But apart from those, should it be written into my contract to do split shifts?

doodlesmum

I have worked in the care sector for 20yrs and this is very common either in the care home environment or in the community. Care is a 24hr environment and the hrs reflect this.I think that reading what they have put they would probably say yours hrs can start anytime and it can change they would say they have covered themselves regarding shift patterns.
But it would have been better if they had pointed it out at your interview. Best thing is to talk to them and see if they are agreeable to come to a shift pattern that works for them and you.

cusssi

Thanks. Yes I understand the nature of the industry, ive done care in the community for 2 years, which was all split shifts.

I did state this at the interview but they said I never!

I more concerned with the legal side of the contract. To give you 2 shifts in one day should be clearly written into a contract if thats what they want you to do.?

tomtontom

cusssi wrote: »

Thanks. Yes I understand the nature of the industry, ive done care in the community for 2 years, which was all split shifts.

I did state this at the interview but they said I never!

I more concerned with the legal side of the contract. To give you 2 shifts in one day should be clearly written into a contract if thats what they want you to do.?

Your contract requires flexibility, they do not need to be more specific than they have been.

mummyroysof3

I agree that they haven't really done anything wrong. Do you have a family member that could help out?

cusssi

It comes down to the fact whether the law sees split shifts as unreasonable or not. Which I think they are. To be expected to work then go home then come back again is unreasonable in compariison to just working then going home, whatever the industry is. Therefore it should be written into the contract if thats what they want. (I think).

Thanks for your opinions albeit different from mine, where could I go for a more legally defining answer, mayby CAB?

Thanks

elsien

The law does not see split shifts as unreasonable in certain sectors, care homes being one of them.
The working time directive sets the rules, however in care homes (restaurants, hospitals, etc) where the nature of the business dictates 24 hour cover and more cover needed at peak times, then as long as the compensatory rest is fitted in somewhere in the week, the rules about the length of time between shifts do not apply - care homes are exempt, in other words.
I agree with other posters that the way that the contract is worded covers them for the split shifts. It is bad practice if they did not tell you at interview, but it is not illegal. It is also fairly standard in care to work split shifts. It may be that when you were offered the role, split shifts were not needed but due to holidays, job vacancies, changing client need then they have now had to be put in place. I manage a care home and sometimes we do split shifts and sometimes we don't - I try to avoid them where possible, but it isn't always possible as client care needs have to come first.
Are you able to swap shifts with other workers at all? If you could do someone's evening shift in return for them doing a couple of your 2 hour morning shifts then that would solve the issue.