Employment contract changes

fellwalker09

Hi. Looking for advice re my hubby. He's been with his company for just over 10 years now. They are forever changing the rostered shifts -every year or so, a new pattern comes in. About 2 years ago, they introduced a new contract -it was unfavourable to him as it meant less money on overtime rates, and also things such as sick pay reduced. All new employees are on this new contract. So, my husband is one of a small number who stayed on old contract. This meant everyone got new rosters, but, because he stayed on old contract, his roster is different to the new ones. Its different to the extent he has to work 9 nights every month compared to their six. Also, they have had another change and now only work about 3 proper nights , the other 3 days are slightly earlier starts so they finish around 11/12pm at night, which is far nicer.
So, now another new contract is proposed. It means he will remain on his crap work pattern, as he's checked. However, he has a medical condition (for about 18 months) and his doctor wanted him to try meds that will make him drowsy - he's an LGV driver! Doctor said it's not great as he's a shift worker, so advised him to speak to work and get occupational health on board, with a view to seeing if he can work regular days for a while.
His boss said he will see what's what, but he said that any request to work days will probably be denied, as his yard will not support that - because of work patterns of other drivers. He also asked why husband on that roster as it was for people with special circumstance, such as illness or unable to work nights - how odd! Especially as he'd just been asking about coming off nights. Husband then said, well, I wasn't told that at the time and I'm working more nights than every other person in the yard. And my husband has been there the longest.
He has now asked to be referred to occ health - boss said that's usually for people long term sick, so we'll see. He has asked about working the other roster like the others, so waiting to hear about that. It's ridiculous that such segregation can exist. Does he have any rights at all? Can anyone offer any advice please. Thanks.

Blatchford

This is all a little confusing, but there seems to be two different things here. His contract is his contract - the employer can have every single person on different contracts if they want.

And his job is his job - he can ask for different terms, temporarily or permanently, but there is no automatic right to the changes.

If his condition amounts to a disability then he might have a few more rights - but that isn't the same thing as being entitled to changes. So more information about this would be useful please.

fellwalker09

Hi. Thanks for the reply. It's not great to learn that about the contracts, and it seems grossly unfair, as before, 2 years ago, they all worked the same pattern. Now the rest of his colleagues have a much easier shift pattern. Anyway. He doesn't have a disability as such. He had a head injury 18 months ago and is sadly suffering with post concussion which apparently can go on for years in some cases. He gets severe head pain -not headaches, and is incapacitated sometimes as they are severe, he also feels nauseous with it and does vomit sometimes. The other big issue is sleep - it's destroyed his sleep pattern. So, all in all, he's been struggling for months, and is so fatigued. His gp is obviously concerned. His boss at first said, just take the tablets and see how you go. His gp has however said he's concerned about the shift work pattern. The meds will make him drowsy and he needs to speak to occ health. The meds have been prescribed by a neurologist, not by the gp.

Takeaway_Addict

fellwalker09 wrote: »

Hi. Thanks for the reply. It's not great to learn that about the contracts, and it seems grossly unfair, as before, 2 years ago, they all worked the same pattern. Now the rest of his colleagues have a much easier shift pattern. Anyway. He doesn't have a disability as such. He had a head injury 18 months ago and is sadly suffering with post concussion which apparently can go on for years in some cases. He gets severe head pain -not headaches, and is incapacitated sometimes as they are severe, he also feels nauseous with it and does vomit sometimes. The other big issue is sleep - it's destroyed his sleep pattern. So, all in all, he's been struggling for months, and is so fatigued. His gp is obviously concerned. His boss at first said, just take the tablets and see how you go. His gp has however said he's concerned about the shift work pattern. The meds will make him drowsy and he needs to speak to occ health. The meds have been prescribed by a neurologist, not by the gp.

I presume they accepted the negative changes in the contract and now benefit from the positive? Your OH if I am correct rejected the changes and thus doesn't get the benefits?

Correct?

fellwalker09

Hi - not exactly. It was never disclosed at the time of providing information on the new contract (2 years ago) that the shift patterns would be different or even an example given of what you might be working. They all originally worked 4 days on, 4 days off, and the last year of that had seen a change as all night shift had been removed - late shifts only. So the new roster was a nasty surprise.

fellwalker09

The company wanted new contracts for obvious reasons - saved on sick pay for a start.
As an example, the guys on the other roster will work 3 0r4 days maximum, and only ever do 3 days in a row on late shifts and nights. They work either early shifts, or they start at 2pm-11pm. They do 1 or 2 nights, starting at 5pm - 2pm.

My husband works 5 early shifts, (all long days, 10-14 hours), then 3 early shifts, and 2 days off. Then 4 nights, 2 days off, and 5 nights, 2 days off. Nights are 6pm - 0300, but they can keep him out for an extra 2 hours, which is usually what happens.

fellwalker09

What I can't understand is this:
new contracts came in 2 years ago. Husband didn't agree so didn't switch over. He had no knowledge of the negative impact on working hours/shift pattern in comparison to those on new roster & contract. Shifts were simply given to him.
Now, his boss today has said that usually, people on his roster are those with special circumstances. For instance, 1 guy has won an appeal, with union help, to only work days - elsewhere in uk.
Husbands friend, who works at another location, has also successfully been allowed to work only days as his mother is now in a care home.
Today, my husband has been told by boss that he will probably not be allowed to work days, even for a temp period to aid his health, as it will not fit in with the working patterns of his yard! It's almost like inequalities in the work force, certainly they are a divided team.
One of his colleagues, on the new contract, can't even do the full job due to a limb problem - is perhaps going to need surgery for this. But they happily allow him to carry on on, turning down certain jobs due to his injury. My husband is not getting any assistance and he really is struggling. They have him on a 6-month performance thing, because he has had too much sick time in past year having been signed off sick following head injury 18 months ago. So, while his gp wishes him to take time off now to try medication, it simply is not possible as he faces losing his job.

Takeaway_Addict

So he's seen that someone else with Union help secured what they needed....I presume your OH joined a Union?

thebrexitunicorn

If your husband is classed as having a disability under the equality act, defined as, ' a physical or mental impairment which has a substantial and long-term adverse effect on your ability to carry out normal day-to-day activities' then the employer has a legal obligation to make reasonable adjustments. To be a disability an impairment should last, or be expected to last, at least 12 months. An occupational health professional should be able to give an indication of whether he would be classed as having a disability, it may also be worth asking his gp or neurologist.
He could put to the employer that he believes being allowed to work an amended shift pattern to help mitigate the effects of the new medication would qualify as a reasonable adjustment under the equality act.

fellwalker09

Hi. I hadn't considered it to be a disability - it has lasted for 18months so far, and still going! He is in a union, the gmb, but sadly they don't have much clout as the company also has an in-house union which hold the majority of employees. However, he does at least have help to legal/employment advice.
I guess he has to wait to see if his manager will put him in touch with occupational health. It's all a waiting game. It certainly would help him if he could work day shifts for a while - even if they would consider just bringing his nigh shift time forward by a few hours, say a 2pm start, which would make a massive difference. He would at least still be going to bed by around midnight, which is better than 4am.
I must say, I am dismayed by their lack of support, a company who supposedly pride themselves on the care of their employees, always going on about work-life balance and giving them info on healthy lifestyles and mental well being- so far it's a joke. Let's hope they can at least be reasonable. Thanks to all for taking the time to offer advice. Much appreciated.

Takeaway_Addict

fellwalker09 wrote: »

Hi. I hadn't considered it to be a disability - it has lasted for 18months so far, and still going! He is in a union, the gmb, but sadly they don't have much clout as the company also has an in-house union which hold the majority of employees. However, he does at least have help to legal/employment advice.
I guess he has to wait to see if his manager will put him in touch with occupational health. It's all a waiting game. It certainly would help him if he could work day shifts for a while - even if they would consider just bringing his nigh shift time forward by a few hours, say a 2pm start, which would make a massive difference. He would at least still be going to bed by around midnight, which is better than 4am.
I must say, I am dismayed by their lack of support, a company who supposedly pride themselves on the care of their employees, always going on about work-life balance and giving them info on healthy lifestyles and mental well being- so far it's a joke. Let's hope they can at least be reasonable. Thanks to all for taking the time to offer advice. Much appreciated.

It really doesn't matter if they have much clout or not, they should be guiding him through the process to get what he needs if possible.

Your OH should be onto them constantly and get them to hound the employer