Notice Period for Shift Workers

thekookymonster

Hi,


I have an employment law query.


I have two employed jobs. In one of them (let's call it job 1), I work 2 afternoon/evening shifts a week (Weds and Thurs). In the other (job 2), I work 3 full days a week; every Monday, every Saturday and then either Tues or Fri (it works out as 1 in 3 Fridays and 2 in 3 Tuesdays). When I was initially offered job 2 in June last year, my line manager said that she realised it was a "bit rubbish" working every Saturday, but we could review that when she came back from maternity leave (I was not offered the maternity cover position, my post was a separate, permanent position). I therefore agreed to the offer believing that I would only be working every Saturday for 8 months or so (as she was due to come back from maternity in March this year). So for 8 months, I have worked every Saturday (apart from Boxing Day, 2 Saturdays of AL in Sept and 2 of AL in Oct). Apart from these times, I have not had 2 days off in a row and have barely seen my OH (who works, as a rule, Mon-Fri). So in February I requested, informally, via email, to reduce my hours so that I dropped the Saturdays and worked 2 days a week as I was struggling. My Line Manager got back to me within a few hours to say that she had said back in June that we could potentially review the Saturdays, and that it would not be possible for me to drop the Saturdays as it would not be viable for the business to employ someone just to work Saturdays and that she "understood any decision I came to". I was pretty upset (largely at the swiftness and tone of her reply) so sought some alternative employment.


Once I had arranged alternative employment, I handed my notice in (on Thursday 24th Feb). This was via email direct to me Line Manager (with the Operations Manager CC'd in) at 5.03pm. My Line Manager replied to my email accepting my resignation 31 minutes later. As my contract states that my notice period is 4 weeks (with no further clarification at any point as to how that 4 weeks is made up), I gave my leaving date as Friday 25th March - I realise that this is one day longer than 4 weeks but this was because a) I had handed my notice in at 5.03pm and b) my shift pattern meant that I was rota'd to work Friday 25th, albeit that it was a bank holiday and therefore to be considered as part of my annual leave.


The following week, the Operations Manager emailed me to say that he had been passed my resignation on 26th Feb (although he'd been CC'd in to my original email on 25th, but this did not concern me as I was aware that he would likely not still be at work at this time), and that he felt that my notice period was "4 working weeks" and my final working day would be Saturday 26th March. I replied to him to say that I disagreed with this on the following grounds:


1) According to the ACAS website, the notice period begins the day after notice is handed in and each week of notice period ends on the weekly anniversary of the day notice is handed in;
2) The notice period I supplied included 4x Saturdays (27/02, 05/03, 12/03 and 19/03), 4x Mondays (29/02, 07/03, 14/03 and 21/03) and 4x Tuesday/Fridays (04/03, 08/03, 15/03 and 25/03) albeit that the last Friday was a bank holiday. My last working day would therefore be Monday 21/03/16.


My difficulty is that the Operations Manager is still arguing with me on this point - he believes that because I work a "Saturday Rotation" (his words - I don't believe that working every Saturday constitutes a rotation!) I am required to see out the working week and that not working the 26th will put me in breach of contract. I have spoken to both Citizens Advice and Acas over the phone, who both agree with me, but I am concerned that this is not legal advice and I am worried that I may be sued. They are also talking about deducting half a day's paid AL from my final payslip for finishing one day earlier (I wish I accrued half a day's AL for each day worked, ha ha!)


Underneath it all, I suspect that initially they were attempting to hoodwink me into working the Saturday because it will be a struggle for my Line Manager to find someone willing to cover it (it being Easter) and that they didn't expect me to dispute it, but I am worried - I can't afford to be sued!
Equally however, this is my first opportunity in months to take some AL with the OH and I desperately need it. It has, I'll admit, also become a matter of principle for me that I do not wish to be bullied into working a date I do not have to work. Another thing that really gets my goat is that they are now advertising two positions subsequent to me handing in my notice; one is for a part-time physiotherapist, and one is for a physiotherapy assistant to JUST WORK SATURDAYS!!! It does make me wonder about constructive dismissal......


Any help or advice offered would be gratefully received, particularly from anyone who has any knowledge of employment law. :-)


Thanks,


TKM

tomtontom

Constructive dismissal? No, you're being ridiculous.

They're not going to sue you over one day. Work up to the 25th if you don't want to work the Saturday. Be aware you may not got a favourable reference if needed in future.

thekookymonster

Thanks Tomtontom.


I'm not really minded to go down the constructive dismissal route anyway (it was mentioned to me by someone else) but I will say that "ridiculous" might be a tad harsh - I genuinely LOVE the job and I'm pretty gutted to be leaving it, but I have other commitments outside work which made it impossible for me to cope with it 3 days a week and/or without getting 2 days off in a row (it is also very physical work and the days are very long especially factoring in a long commute). There are a few other things they have done which have added to the situation. I don't need a reference from them, as it goes, but I equally don't want to be in breach of my contract (which I don't believe I am, but I could be wrong).


Thanks for your reply.


TKM

Savvy_Sue

If you're in a union talk to them.

If not, do you have legal cover for employment issues on your house insurance? You'd get a free half hour which would enable you to write to your employer along the lines of "I have taken legal advice which indicates that I'm right and you're wrong."

Is there a central HR dept you could go to?