*Forced into doing night shift. advice please*

Kuztardd

deleted thread

doom

I'm not really sure about your legal position here, but I have worked night shift for five years now and a short while ago decided that I wanted to go back to days. I asked my workplace to transfer me over but didn't really get a fantastic response - but that's just what they say to everyone who's ever asked to move shifts.. I then went to see GP and said about trouble sleeping in the day etc.. fearing for my health etc... and he wrote a letter recommending I be transferred to day shift, and hey presto - that had a better effect. Worth a try.... hope this helps..

doom

Oh, you might also want to look at the " work and families Act" (I think that's what it's called)
Make a request quoting that act and employers don't have to grant your request but have a statutory duty to take your request seriously and only refuse if there is a genuine business reason !!!! I THINK !!!

ohreally

If you're working nights your employer should implement a health surveillance programe...it may very well highlight that you may be unsuitable to night working perhaps due to medication to control your condition. Do you suffer any other conditions which may be relevent such as diabetes?
You may also be in a position to argue custom and practice in terms of your existing shift pattern. There are other perspectives to argue your case from, perhaps you could reconsider your position in terms of trade union membership.

dmg24

Kuztardd,

The DDA applies to those whose condition has an impact on their day to day lives. You have described your condition as, 'It doesn't affect me too much these days, but i still gets boughts of it when i am run down and worn out.'

I do have sympathy for you, I also have a long term health condition, but what you are describing does not fall under the DDA.

I would go along the lines that others have suggested, or at least be completely sure that the DDA does apply to you before playing that card.

There is more information here:

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028519

ceridwen

I would be wondering myself re "custom and practice" - as in you have been doing normal-type hours for years now. Am also wondering re possibilities as regards constructive dismissal - this is when an employer makes ones job so impossible to do that one can resign and plead that you had no option but to do so - it wasnt your free choice - to put it in laypersons language.

Personally I would now be looking up legal websites on the web. I have an idea that there might be some employment-type legal advice on the TUC website

www.WorkSmart.org.uk

I believe is the address of it - but you could just google TUC (ie Trades Union Congress) if I've not got correct web address there.

Failing that

www.interactive-law.co.uk

www.lawontheweb.co.uk/intro.htm

www.e-law-online.com

So - thats few ideas to start with. Disability is a possibility - considering the nature of yr health problem - it could be worth investigating that one - dont know where you would stand on that - but worth a look.

So - go and see yr employers with all the info at yr disposal and, if worst comes to worst, leave and take them to Industrial Tribunal (possibly citing disability discrimination and/or constructive dismissal) - only stating what I would do myself!

Best of luck - let us know how you get on.

ohreally

Kuztardd wrote: »

I'm going to also look into the trade Union "BECTU", but since this issue has arisen already I'm presuming it may be too late to make full use of a union, as opposed to if i had always been in one.

You should qualify for representation once your membership form is signed and returned to your branch office. You won't qualify for legal assistance until a qualifying period has elapsed,normally 3 months,or legal assistance for a pre-existing issue.
As a point of interest, I've attended many courses over the years and the BECTU guys I've met have generally been fairly well organised and trained.

Edit: Note the wording in parentheses, second line...http://www.pcs.org.uk/Templates/Internal.asp?NodeID=897276

dmg24

Though you may not qualify for the provisions of the DDA, employers do have a duty of care towards all employees. Therefore if there is a distinct possibility that working nights, or just shifts in general, will have a significant impact on your health, then they have to act on this. Would your GP be willing to write a letter for you to this effect?