Making me work a weekend Rota

Charliebrown

Hi All,

Some help would be appreciated,

I have worked for my current employer since December 2003, covering weekends as & when has been asked, when I can. They are trying to put me onto a weekend rota, which I do not want to do.

I have checked the contract of employment I have which is very basic. In the hours of work section it states "Mon - Fri, 8am - 5pm, 40hr week, overtime when requested".

This was signed 08/04/2003, can they make / force me to work a weekend rota?

Any help information would be appreciated.

Regards

Charliebrown

duchy

They can change the terms of your contract and if you choose not to accept them you will be deemed to have resigned

KiKi

No, they can't just do that. If they are wanting to make a permanent change to your contractual terms and conditions, then they do need to get agreement from you. If you don't agree and they change it anyway, then you have to refuse the changes under protest, and you'll be forced to go down a legal route.

OP, see these pages here: https://www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

You may want to highlight these to your employer!

However, if they aren't changing your contract, but asking you to do 40 hours PLUS the weekend rota (ie, overtime) then they may be able to argue that it's already in your contract - I guess that depends on whether you can refuse overtime requests.

KiKi

Charliebrown

Hello Again,

Things have moved on a step since my last post!

Today it was explained to me that the company has been looking for a foreman & they have had some people interested in the position which is being advertised as a 44 hr week over 5 & 1/2 days. They have had some interest in the position but the applicants do not want to work every weekend (what a surprise).

So as I have been expecting, I was asked again if I would be willing to go on a rota for Saturdays, say every 1 in 3rd Saturdays, to which I basically said no. I explained that I was happy to cover the odd Saturday as a last resort but I did not want to be on a rota. The manager said that this could present a problem, as they need the cover on the weekend & if I was not willing to help the company & be on a 1 in 3 weekend shift amicably that as a last resort they would terminate my employment / contract & I would be reemployed under a new contract including a weekend rota for the Saturday's, with no change to length of service etc.

He wanted a decision there & then, but I was not prepared to do that & explained that I needed to seek some advice on how I stand & what my options were, to which I was told OK but if you can let him know by the weekend, I said I would see what I could do

My questions are,

1) Can they terminate my contract & reemploy me under a new one, making me work a Saturday rota?
2) What happens if I continue to refuse to be on a 1 in 3 Saturday rota, (As I really do not want to work weekends)
3) As a last resort, if I were to go back to them with a compromise, say 1 in 4 Saturday rota, but not bank holiday weekends do they have to accept?
4) If they terminate my employment & then reemploy me under a new contract, do I get any say or can I negotiate terms & conditions?

I have just found a section in my employment contract which may well put an end to all the above. Note 4a applies
"The hours of work stated overleaf are your normal working hours. At any time during your employment, upon reasonable notice, your employer may require you to work additional or different hours"

I think I'm stuffed? Look’s like Saturdays are coming.

I do not want to end up without a job, but I really feel that I am being manipulated into a position. Please, please can anyone help or advise me of my best course of action.

Thanks again

Charliebrown

speakingofart

1) Yes, probably depending on the circumstances. This would most likely be a SOSR dismissal, which if they can prove business need they would probably manage. (this depends on a lot of factors and without knowing the specifics of your situation it's difficult to say. Definitely a consultation period though...)
2) You'll be dismissed.
3) No, but it might be more likely you'll get this if you negotiate and show flexibility rather than if you let them dismiss and reemploy.
4) Not really, unfortunately, other than what you can negotiate.

I really don't mean this to sound harsh, and I have full sympathy - I wouldn't want to do this either, but unfortunately if your employer can show that saturdays are needed then they can change your contract to accommodate this. You do have a good few years service, so it might be worth giving all the details to CAB/ seeing if your household insurance covers legal advice. Dig out your old contract and see what it says regarding terms and conditions and variations to contract as well.

ohreally

Charliebrown wrote: »

They have had some interest in the position but the applicants do not want to work every weekend (what a surprise).

They have a solution to their problem here. Rather than imposing their will on you they include the new rota proposals into the foreman contracts, job done.

Why haven't you joined a union given the existing relationship?

xapprenticex

If everyone has to do it then you have to do it.

If they are just targeting you and 2 other mugs , then you could refuse and possibly lose your job but if its across the board, you'll have to do it, at least it wont be every weekend.

I recall discussing this in my last job, would have done it if it came to it, as long as i got time off during the week.