Sleep in shift not part of contracted hours?

JReacher1

Lexi4237 wrote: »

I am just alarmed that people think that sacking a member of staff with disabilities is the way to go.
And that reasonable adjustments wont be considered.
I worked perfectly fine for 3 mths until they changed my 36 hour day shifts to two lots of sleep ins a week plus the 36 ontop.
The night shifts i am kept awake as i have several people in a house with learning difficuties who struggle to settle to sleep at night.

Then i am on a day shift the next day.
So a 17hour shift with no sleep and the another 7 hour shift.
So not really just a sleep.
They said they will pay me for the hours i was awake.
But i am more concerned that the sleep in shifts are not sleep in shifts as i'm kept awake... plus i could end up with more sleep in shifts ontop of my 36 hours.
No where in my contract does it state these sleep ins arnt my contracted hours.
Personally i would be alarmed if i work for a company with disabilities sacked me for having one.
As they have some staff members already that dont work night shifts.

They're not going to sack you because you have disabilities.

They may sack you because you can't cover the shifts that they need you to cover.

It is unfortunate but it seems like this job isn't suitable for you and it may be sensible to find some alternative employment that doesn't have a required for night work.

marliepanda

You probably didn't have the shifts initially as you were still being trained/getting used to the job/job shadowing.

You can be sacked for this, your disability doesnt mean you get to have special allowances to not do what everyone else has to.

Reasonable adjustments might be putting you with a quieter client, if there is one, or working a shorter shift so you go home shortly after the sleep if that works with other staff. Its not 'lets just change everything to suit Lexi.'

If you cant do the night shifts, who should do them? Everyone else should do more so you dont have to do any? You think that is fair?

Lexi4237

Wow i love that some people arnt coversed to the law of the equality act 2010.
And that you should not put disabled people at a disadvantage because of a disability.
That employers should be able to employ disabled people otherwise disabled people would be unemployed.

Disability discrimmination still exists i see.. very sad.

JReacher1

Lexi4237 wrote: »

Wow i love that some people arnt coversed to the law of the equality act 2010.
And that you should not put disabled people at a disadvantage because of a disability.
That employers should be able to employ disabled people otherwise disabled people would be unemployed.

Disability discrimmination still exists i see.. very sad.

You are not being put in a disadvantage so there is no disability discrimination.

marliepanda

Lexi4237 wrote: »

Wow i love that some people arnt coversed to the law of the equality act 2010.
And that you should not put disabled people at a disadvantage because of a disability.
That employers should be able to employ disabled people otherwise disabled people would be unemployed.

Disability discrimmination still exists i see.. very sad.

The equality act is there to give disabled people the same access to work as everyone else.

It is not there to give you a easier time than everyone else. It is about equality, NOT special treatment.

Opting out of the crappier aspects of the job is not something that is covered by the disability act. They can sack you for not covering the shifts they wanted, with no reference to your disability. This is not a discrimination case. Everyone would be tired after a 17 hour shift with very little sleep. It does not make you 'special'

Undervalued

Lexi4237 wrote: »

Wow i love that some people arnt coversed to the law of the equality act 2010.
And that you should not put disabled people at a disadvantage because of a disability.
That employers should be able to employ disabled people otherwise disabled people would be unemployed.

Disability discrimmination still exists i see.. very sad.

The equality act does not require an employer to hire someone with a disability if they are unable to safely or properly do the job, despite making "reasonable adjustments".

The extent of "reasonable adjustments" required by law is complex but in many cases does not go anything like as far as some people believe.

Many employer go further, particularly if the disabled person has exceptional skills. That may even involve hiring a full time carer / personal assistant specifically for the disabled person in some cases, but that is far more than a court would require them to do.

getmore4less

Lexi4237 wrote: »

I am just alarmed that people think that sacking a member of staff with disabilities is the way to go.
And that reasonable adjustments wont be considered.
I worked perfectly fine for 3 mths until they changed my 36 hour day shifts to two lots of sleep ins a week plus the 36 ontop.
The night shifts i am kept awake as i have several people in a house with learning difficuties who struggle to settle to sleep at night.

Then i am on a day shift the next day.
So a 17hour shift with no sleep and the another 7 hour shift.
So not really just a sleep.
They said they will pay me for the hours i was awake.
But i am more concerned that the sleep in shifts are not sleep in shifts as i'm kept awake... plus i could end up with more sleep in shifts ontop of my 36 hours.
No where in my contract does it state these sleep ins arnt my contracted hours.
Personally i would be alarmed if i work for a company with disabilities sacked me for having one.
As they have some staff members already that dont work night shifts.

Address the real issue that you(and others) can't sleep.

if intervention is required that's work.
if the accommodation provided does not allow sleep raise that issue you are not sleeping so it needs to be paid unless they provide suitable accommodation.

marliepanda

getmore4less wrote: »

Address the real issue that you(and others) can't sleep.

if intervention is required that's work.
if the accommodation provided does not allow sleep raise that issue you are not sleeping so it needs to be paid unless they provide suitable accommodation.

The employer has said that 'awake' hours will be paid.

dawyldthing

Lexi4237 wrote: »

I have been working for a company since may.
And in july they started adding sleep in shifts to my work.
Adding up to 17 hour shifts.
I have 2 sleep in shifts a week now which i didnt have before.
I was rung yesterday to tell me i am not reaching my contracted hours of 36 hours.
And have to work more.
They now tell me that 16 hours a week i am doing does not count as my contracted hours and are pushing me to work another 16 hours ontop of what i am working
So a 52 hour week
They are saying that they will pay me £33 for a sleep in.
For 16 hours work.

Can they do this?
As my contract does not state that sleep ins.does not count as contracted hours.. so i am quite shocked.

I have asked them to take me off sleep ins and put me on 36 hour day shifts instead and so far are ignoring me.
Any advice?

I’ve worked sleep ins for several years. We used to get less than this. But it should be that amount per sleep not for 2. Some places are still paying hourly rate (ours currently are, no sign if they are changing) so it might be worth looking round. They will ignore you on not doing sleeps as it will be in your contract somewhere in the lines of ‘work over hours/ sleep ins as required). Sleep in pay rate should be in your contract too

elsien

The fact that other people already don't do sleep ins is part of the problem. They can only agree it for so many people before it becomes unworkable. If the setting can only accommodate two people and you're the third then you're out of luck.

Is there not anyone who'd come in just to cover the sleep in? You finish at 10, they come in to sleep, then they come back at 7? I had colleagues who'd jump at the chance to do those. Couid you manage one a week? Couid you do a split shift where you finish early, have a rest, then return later in the day?

You're not being reasonable only wanting day shifts when it's the sleep in that's the issue. If you could do the evening shifts without the sleepins that may be easier to accommodate. Plus it's Prime holiday season. Will things get easier once the school holidays have finished.?


Your clients struggle to settle at the start of the night? What's keeping you awake for the rest of the night? What has your line manager said about the company H&S policy for being overtired?