Suitable alternative employment to be on night shift

Lisa0501

I have worked for same company for 3 years and they have now stated my shift no longer exists and are offering a night shift as the alternative. I don't want to work night's, end of. If they don't offer another alternative shift and I have refused the night shift, what would my position be? Can I claim they have in fact made my position redundant and therefore they must offer me the redundancy route?

Lisa0501

I have worked for same company for 3 years and they have now stated my shift no longer exists and are offering a night shift as the alternative. I don't want to work night's, end of. If they don't offer another alternative shift and I have refused the night shift, what would my position be? Can I claim they have in fact made my position redundant and therefore they must offer me the redundancy route?

prowla

Sounds like a case of redundancy to me: the company is doing away with a job and has offered an alternative role. However, redundancy isn't worth a lot.

Lisa0501

The point being, I refuse to work night's as to me that is not 'suitable alternative employment '. So because I have refused this role have I in fact turned down a legally 'suitable alternative ' and therefore rejected an offer of employment. Could they say I have in effect dismissed myself by not accepting it. I know redundancy not much and am prepared to weather that.

pinkshoes

Lisa0501 wrote: »

The point being, I refuse to work night's as to me that is not 'suitable alternative employment '. So because I have refused this role have I in fact turned down a legally 'suitable alternative ' and therefore rejected an offer of employment. Could they say I have in effect dismissed myself by not accepting it. I know redundancy not much and am prepared to weather that.

What hours were you working?

Are continental shifts in operation or does the company operate a permanent night shift?

A move to a night shift would certainly not be a suitable alternative to most people!!!

DCFC79

Whats the reasoning for the change.


Are they likely to change if you make a case for staying where you are ?

Lisa0501

The company started this night shift less than 6 months ago and to date it has proved an abject failure due to lack of willing staff , hence in my opinion they are now getting rid of my shift and have panicked people from my shift into applying for the night shift jobs in order to retain employment.

pinkshoes

Do you have kids?

I'm sure there was a case won for indirect sex discrimination by a woman who couldn't change her hours to evening/night work due to a lack of childcare availability.

I would be standing your ground for now and arguing that this is not a reasonable nor suitable alternative.

Greylocks

This has happened to some employees in the NHS.
Due to the new requirements of the business they can request employees to work night shifts, weekends and bank holidays.
Normally consultation with the union happens though.

Failure to comply or sign the new contract would result in dismissal.

As I say, this happened in the NHS...

getmore4less

You start consulting/negotiations with this is redundancy and the offer of nights is not suitable alternative, you put your case for why your job still exists and why the nights are not suitable and propose options that would be acceptable.

If there is agreement you then decide if you want to get a ET to decide if it suitable.