Significant change of hours

daytona0

Hey all,

need advice for a family member (they aren't too clued up on this sort of stuff so I'm going to try and help).

Basically they work in an office which operates 24/7, but the majority of the work is during the day. Family member has been investigated recently and received a warning, but there is no ill blood as it was their mistake etc.

Very recently they have been moved onto night shifts (8pm to 8am) from 8am to 5pm. I suspect that they did this because the work is easier and sort of to 'protect them' from further disciplinary actions OR to potentially manage them out of the business.

Family member is going to the doctors to obtain a note and make a formal request to go back to working days. The job has also caused them to take time off and their overall health is suffering.

They have been employed for over 2 years and this is the first time nights has ever been discussed.

Personally, I was considering drafting a letter for them along the lines of:

- stating that a health assessment was not offered prior to the change.
- Providing a doctor note evidencing the effect on wellbeing
- Pointing out that alternative job roles were available to move to
- Stating that they are working under protest and will contact ACAS if the normal working hours are not restored.

I sadly have not seen the contract, but I suspect that it will simply state "as and when based on business requirements". Just a bit concerned that at the employment stage (and in the last 2 years) it was clear that they were working days....

Do you peeps think that this is a sensible way to go? Feel sorry for family member as they have really shafted her here

Many thanks for any input!

sangie595

daytona0 wrote: »

Hey all,

need advice for a family member (they aren't too clued up on this sort of stuff so I'm going to try and help).

Basically they work in an office which operates 24/7, but the majority of the work is during the day. Family member has been investigated recently and received a warning, but there is no ill blood as it was their mistake etc.

Very recently they have been moved onto night shifts (8pm to 8am) from 8am to 5pm. I suspect that they did this because the work is easier and sort of to 'protect them' from further disciplinary actions OR to potentially manage them out of the business.

Family member is going to the doctors to obtain a note and make a formal request to go back to working days. The job has also caused them to take time off and their overall health is suffering.

They have been employed for over 2 years and this is the first time nights has ever been discussed.

Personally, I was considering drafting a letter for them along the lines of:

- stating that a health assessment was not offered prior to the change.
- Providing a doctor note evidencing the effect on wellbeing
- Pointing out that alternative job roles were available to move to
- Stating that they are working under protest and will contact ACAS if the normal working hours are not restored.

I sadly have not seen the contract, but I suspect that it will simply state "as and when based on business requirements". Just a bit concerned that at the employment stage (and in the last 2 years) it was clear that they were working days....

Do you peeps think that this is a sensible way to go? Feel sorry for family member as they have really shafted her here

Many thanks for any input!

If your are going to attempt to "work under protest" then you must do it the minute such a contractual change is made. The same applies to any breach of contract. So it doesn't matter how "recently" this change was made - they have already accepted it by turning up and working it even for a day. So these are now their normal working hours. You can't object "in hindsight" - well, you can, but it's irrelevant.

So unless they have a disability, which may change matters, they have a note from their doctor requesting different hours - which the employer is entirely entitled to ignore.

daytona0

sangie595 wrote: »

If your are going to attempt to "work under protest" then you must do it the minute such a contractual change is made. The same applies to any breach of contract. So it doesn't matter how "recently" this change was made - they have already accepted it by turning up and working it even for a day. So these are now their normal working hours. You can't object "in hindsight" - well, you can, but it's irrelevant.

So unless they have a disability, which may change matters, they have a note from their doctor requesting different hours - which the employer is entirely entitled to ignore.

Fair enough

daytona0

Hi sangie

I spoke to family member and they state that they put in their grievance on the very first shift - by verbally saying that they did not want to do it.

Does this affect it in any way?

TELLIT01

Without knowing the actual wording of the contract of employment it difficult to say whether they have a case or not. I'm not sure that the fact they have worked the same shift for an extended period would make a difference.

sangie595

daytona0 wrote: »

Hi sangie

I spoke to family member and they state that they put in their grievance on the very first shift - by verbally saying that they did not want to do it.

Does this affect it in any way?

If it was in writing, and if the contract does not permit this change, it may make a difference. But enforcing a change of contract isn't all that hard, and the employer could simply choose that option. But we'd really need to know the circumstances. But I can be clear that a "note from the doctor" would be pretty meaningless unless the employer wants to pay attention to it. It would only carry weight - and not much at that - if it was a condition that was disability related.


Just a thought - but an alternative perspective might be that this transfer is what saved their job, not part of a plan to get rid of them. You say the employment is easier - perhaps the employer believes that your relative cannot improve enough to not make further mistakes, and that an easier job is what is called for?

daytona0

sangie595 wrote: »

If it was in writing, and if the contract does not permit this change, it may make a difference. But enforcing a change of contract isn't all that hard, and the employer could simply choose that option. But we'd really need to know the circumstances. But I can be clear that a "note from the doctor" would be pretty meaningless unless the employer wants to pay attention to it. It would only carry weight - and not much at that - if it was a condition that was disability related.

They've gone down the fit note route and the doctor has recommended a change in hours. Will see how it pans out, though, some of the people in there seem sympathetic to their case

Cheers for your advice though! After looking into it further I agree that working under protest is the wrong approach as it does not appear to be applicable in this case.

Just a thought - but an alternative perspective might be that this transfer is what saved their job, not part of a plan to get rid of them. You say the employment is easier - perhaps the employer believes that your relative cannot improve enough to not make further mistakes, and that an easier job is what is called for?

Oh yes, this was most likely the reason! They were struggling a bit in that department and the one they moved to is much easier BUT there are other places to move to as well (and there are vacancies in the other ones).

Family member felt pressured into this move because they were hot on their case.

Not sure how this will pan out but worst case scenario is to seek a new job.

Many thanks for advice, very informative.