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Changing of work hours

Hi everyone,

My partner started working for a company as an Apprentice in June 2017.
His apprenticeship stated it would be for 12 months but he is still currently training.
His boss has asked him to start working shifts instead of his normal contracted hours.

His contracted says, 'you will normally work five days each week, monday to friday (inclusive). The company's operational hours are currently 8.00am to 4.30pm Monday to Friday. However your individual start and finish times each day will be agreed by your manager and may vary from time to time to suit operational needs. In the event of any reasonable changes to your hours of work, including start and finish times, your co-operation will be expected.'

They want him and other staff to go to shift work which he expressed in the interview he wouldn't do.
His manager wants him to start these new hours ASAP.
But it's his underhanded way that has really annoyed me...
We are expecting our first child and have recently just bought a new car. His Manager has been saying things to him like 'think of the baby and that new car...' Implying things because of our situation....

I have looked online for advice on this but seems to be going round in circles, he is a meeting with him on Monday and are not agreeing with the new shifts, where would my partner stand on this?

TIA
:A If i was a rich girl....... :A
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Comments

  • Lomast
    Lomast Posts: 875 Forumite
    Part of the Furniture 500 Posts Name Dropper
    Unfortunately from the bit of the contract you have stayed he basically has a choice of the new hours or looking for a new job as long as the changes are reasonable as stated.
  • "However your individual start and finish times each day will be agreed by your manager and may vary from time to time to suit operational needs"


    I wouldn't say that covered them to move someone permanently onto a totally different working pattern and that wouldn't come under reasonable.

    I'm presuming he (and his colleagues) isn't in a union?
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    "However your individual start and finish times each day will be agreed by your manager and may vary from time to time to suit operational needs"


    I wouldn't say that covered them to move someone permanently onto a totally different working pattern and that wouldn't come under reasonable.

    I'm presuming he (and his colleagues) isn't in a union?

    he isn't part of a union no. I would have thought it would be a change of contract based on it not being a reasonable chnage???
    :A If i was a rich girl....... :A
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    edited 30 March 2019 at 4:31PM
    mrsbutton wrote: »
    Hi everyone,

    My partner started working for a company as an Apprentice in June 2017.
    His apprenticeship stated it would be for 12 months but he is still currently training.
    His boss has asked him to start working shifts instead of his normal contracted hours.

    His contracted says, 'you will normally work five days each week, monday to friday (inclusive). The company's operational hours are currently 8.00am to 4.30pm Monday to Friday. However your individual start and finish times each day will be agreed by your manager and may vary from time to time to suit operational needs. In the event of any reasonable changes to your hours of work, including start and finish times, your co-operation will be expected.'

    They want him and other staff to go to shift work which he expressed in the interview he wouldn't do.
    His manager wants him to start these new hours ASAP.
    But it's his underhanded way that has really annoyed me...
    We are expecting our first child and have recently just bought a new car. His Manager has been saying things to him like 'think of the baby and that new car...' Implying things because of our situation....

    I have looked online for advice on this but seems to be going round in circles, he is a meeting with him on Monday and are not agreeing with the new shifts, where would my partner stand on this?

    TIA
    mrsbutton wrote: »
    he isn't part of a union no. I would have thought it would be a change of contract based on it not being a reasonable chnage???

    He hasn't finished his training - why & what else has he got to do? How much longer will it take.

    With less than 2 years service he can be very easily dismissed.

    His choice is accept or decline the altered working hours.

    Accept and he may finish his training which will enable him better to find alternative employment.

    Decline and possibly be dismissed, possibly have an unpleasant working environment, elongated training or nothing at all may happen. No one here on the internet knows your partner's employer or their rationale/ imperatives about the changes.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • ohreally
    ohreally Posts: 7,525 Forumite
    1,000 Posts Combo Breaker
    nicechap wrote: »
    With less than 2 years service he can be very easily dismissed

    If he is a genuine apprentice under contract of, then he has additional employment protection rights.


    https://bresourcefull.brodies.com/news/article/terminating-apprenticeships-a-warning/
    Don’t be a can’t, be a can.
  • mrsbutton
    mrsbutton Posts: 108 Forumite
    ohreally wrote: »
    If he is a genuine apprentice under contract of, then he has additional employment protection rights.


    https://bresourcefull.brodies.com/news/article/terminating-apprenticeships-a-warning/

    Thank you for that!
    Very interesting reading. His contract is an apprenticeship stating that he is an apprentice.
    Is a grey area but I did think he got more rights as an apprentice.
    :A If i was a rich girl....... :A
  • agrinnall
    agrinnall Posts: 23,344 Forumite
    10,000 Posts Combo Breaker
    Why won't he do the shift work? If all his colleagues are being asked to do it and have to take up the slack because he refuses then that'll put him in an awkward position with them.
  • nicechap
    nicechap Posts: 2,852 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    mrsbutton wrote: »
    Thank you for that!
    Very interesting reading. His contract is an apprenticeship stating that he is an apprentice.
    Is a grey area but I did think he got more rights as an apprentice.

    Do come back and update us with how the employer reacts.
    Originally Posted by shortcrust
    "Contact the Ministry of Fairness....If sufficient evidence of unfairness is discovered you’ll get an apology, a permanent contract with backdated benefits, a ‘Let’s Make it Fair!’ tshirt and mug, and those guilty of unfairness will be sent on a Fairness Awareness course."
  • theoretica
    theoretica Posts: 12,691 Forumite
    Part of the Furniture 10,000 Posts Name Dropper Photogenic
    mrsbutton wrote: »
    My partner started working for a company as an Apprentice in June 2017.
    His apprenticeship stated it would be for 12 months but he is still currently training.


    This might be worth looking into to check he is still an apprentice. Did he complete the one year apprenticeship and move onto either a more advanced one? Or has it been extended? Or moved onto internal training?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Neil_Jones
    Neil_Jones Posts: 9,647 Forumite
    Part of the Furniture 1,000 Posts Name Dropper
    Make sure your partner is getting the correct pay for an apprenticeship if it's run over 12 months, because the first year for an over 19yr-old is £3.70 an hour (becoming £3.90 from Monday) and then becomes the minimum wage for the age group (ie from £5.90 (soon £6.15) upwards) after a year.

    This does not apply AFAIK if the apprenticeship ends after 12 months and you jump on another separate one as that starts 12 months again at £3.70.

    Now all that being said, if the company only operates 8-4:30 then I'd interpret it to mean you may start after 8am and finish before 4:30, unless its one of these companies that (for example in haulage or logistics) do the core business/admin work 8-4:30 and then have drivers up and down motorways all night?
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