Being forced to work hours that others refuse. Is this discrimination?

RedHitman

Sea_Shell said:

Are you still just expected to do your 25 hours, or does it involve overtime.

If just your 25, who's covering the earlier hours that you would normally work?

No one is covering any earlier hours - its simply a matter of me working later (which no one will do).

Thrugelmir

As an observation sounds as if your young children go to bed rather late. If anything some late shifts are to your advantage. As you are working when the children should be asleep. What hours does your partner work? 

RedHitman

theoretica said:

Who has been doing those hours and how little did they like it? Who will be doing the other days when you don't work? 

From what you say (others just refuse, I'm sure I won't be allowed to refuse) I wonder if the employers have nominated you as the person most likely to do the hours rather than resign when assigned them.  If your colleagues feel strongly enough about not working these hours that they would resign rather than do them then there is of course no way to make your colleagues do them.

theoretica said:

Who has been doing those hours and how little did they like it? Who will be doing the other days when you don't work? 

From what you say (others just refuse, I'm sure I won't be allowed to refuse) I wonder if the employers have nominated you as the person most likely to do the hours rather than resign when assigned them.  If your colleagues feel strongly enough about not working these hours that they would resign rather than do them then there is of course no way to make your colleagues do them.

No one has ever done them because most staff refuse to work past 6pm for all different reasons (some child related/some basically "I'm not working that late"). But the business has grown a little and now there is a need to work that late they have started to rota people in until that time. I usually work until 8pm but now they want me until 10pm which is just far too late and unfair to expect me to work all those shifts because the others refuse. This is my main point.
No one has nominated anyone. It doesn't work like that.
There's no way they'd resign. They may threaten to, but they wouldn't! It's in our contract to work until 10pm - so if it was a fair system that we all did one or two a week then I'd be ok with it. But I'm not happy that I'll have to do them whilst the other staff have refused. I'm in the same boat as most of them - being a parent.

RedHitman

Thrugelmir said:

As an observation sounds as if your young children go to bed rather late. If anything some late shifts are to your advantage. As you are working when the children should be asleep. What hours does your partner work? 

My kids go up to bed at 18:30 and are asleep by 19:30. I'm then in bed at 20:00 (when I'm not working!). When I'm working, I finish at 8pm and I'm home and in bed by 9. To finish at 10pm would mean I'm not in bed until 11pm which is just far too late.
My wife also works part time 8am-3pm.

Comms69

RedHitman said:

Thrugelmir said:

As an observation sounds as if your young children go to bed rather late. If anything some late shifts are to your advantage. As you are working when the children should be asleep. What hours does your partner work? 

My kids go up to bed at 18:30 and are asleep by 19:30. I'm then in bed at 20:00 (when I'm not working!). When I'm working, I finish at 8pm and I'm home and in bed by 9. To finish at 10pm would mean I'm not in bed until 11pm which is just far too late.
My wife also works part time 8am-3pm.

So hypothetically, your wife gets told to work the hours you are being asked to now, would you think that's 'fair'?

I really dont understand why 10pm is too late for you if the kids are asleep regardless??!!

JGB1955

If the business is expanding perhaps suggest that they take someone on, on a 18:00 to 22:00 contract.  There are plenty of people keen to 'top up' their hours with at the moment.

RedHitman

Comms69 said:

RedHitman said:

Thrugelmir said:

As an observation sounds as if your young children go to bed rather late. If anything some late shifts are to your advantage. As you are working when the children should be asleep. What hours does your partner work? 

My kids go up to bed at 18:30 and are asleep by 19:30. I'm then in bed at 20:00 (when I'm not working!). When I'm working, I finish at 8pm and I'm home and in bed by 9. To finish at 10pm would mean I'm not in bed until 11pm which is just far too late.
My wife also works part time 8am-3pm.

So hypothetically, your wife gets told to work the hours you are being asked to now, would you think that's 'fair'?

I really dont understand why 10pm is too late for you if the kids are asleep regardless??!!

It would be fair if the other staff she worked with were on a rota to do so and they all did it. It would not be fair if all the staff refused to do it and she was made to do it. My argument is more about fairness than the finishing time.

Because I'm in bed by 8pm every night. I'm up at 5am (plus multiple wakeups) every day. So getting to bed at 11pm when I'm up at 5am the next morning and starting work at 7am is just not going to do it. (I work different shift patterns that start at 7am)

Comms69

RedHitman said:

Comms69 said:

RedHitman said:

Thrugelmir said:

As an observation sounds as if your young children go to bed rather late. If anything some late shifts are to your advantage. As you are working when the children should be asleep. What hours does your partner work? 

My kids go up to bed at 18:30 and are asleep by 19:30. I'm then in bed at 20:00 (when I'm not working!). When I'm working, I finish at 8pm and I'm home and in bed by 9. To finish at 10pm would mean I'm not in bed until 11pm which is just far too late.
My wife also works part time 8am-3pm.

So hypothetically, your wife gets told to work the hours you are being asked to now, would you think that's 'fair'?

I really dont understand why 10pm is too late for you if the kids are asleep regardless??!!

It would be fair if the other staff she worked with were on a rota to do so and they all did it. It would not be fair if all the staff refused to do it and she was made to do it. My argument is more about fairness than the finishing time.

Because I'm in bed by 8pm every night. I'm up at 5am (plus multiple wakeups) every day. So getting to bed at 11pm when I'm up at 5am the next morning and starting work at 7am is just not going to do it. (I work different shift patterns that start at 7am)

Life's unfair - im sorry that no-one told you sooner. 

You wont be starting work at 7am though. Because you need a minimum of 11 hours between shifts. 

JGB1955

RedHitman said:

Because I'm in bed by 8pm every night. I'm up at 5am (plus multiple wakeups) every day. So getting to bed at 11pm when I'm up at 5am the next morning and starting work at 7am is just not going to do it. (I work different shift patterns that start at 7am)

I may be wrong, but thought Working Time Regulations mean that you have to have a gap between shifts of at least 11 consecutive hours - therefore there shouldn't be a 22:00 finish and 07:00 start.

Sea_Shell

What WAS your shift pattern that you were happy with?

Surely if you're being asked to work until 10pm rather than 8pm, you have those 2 hours "back" earlier in the day??

Or is it overtime?