Change in Rota, is this legal?
Discussion
Hi, In need of a bit of advice. I work for a service provider and am site based to a customer.
Recently we were tuped across to a new Service provider company, job, login everything stays the same. However the new company has just advised us they are changing out Rota. We will be working 4 on 4 off, days/nights. Every 3 loops there will be 2 extra shifts of standby (during rest days) where we will be expected to cover holidays and sickness.
Can the standby be enforced onto our rest days??
cheers
Recently we were tuped across to a new Service provider company, job, login everything stays the same. However the new company has just advised us they are changing out Rota. We will be working 4 on 4 off, days/nights. Every 3 loops there will be 2 extra shifts of standby (during rest days) where we will be expected to cover holidays and sickness.
Can the standby be enforced onto our rest days??
cheers
On what basis are they changing the Rota?
They can change under TUPE, but they need to do it in relation to TUPE clauses.
From ACAS:
There are still circumstances in which changes are valid: for example, if there is a 'economic, technical or organisational (ETO) reason entailing changes in the workforce', and employer and employee have agreed the change.
Sometimes the terms of the contract allow employers to make a change irrespective of the transfer. This could include a change brought about by an order from a new client.
Under the new rules, a change of workplace location may now also be considered a fair ETO reason. Before, it was deemed to be automatically unfair.
Employers should consult and seek agreement about any changes, or explain in writing why points raised cannot be carried forward. Legal advice is recommended.
They can change under TUPE, but they need to do it in relation to TUPE clauses.
From ACAS:
There are still circumstances in which changes are valid: for example, if there is a 'economic, technical or organisational (ETO) reason entailing changes in the workforce', and employer and employee have agreed the change.
Sometimes the terms of the contract allow employers to make a change irrespective of the transfer. This could include a change brought about by an order from a new client.
Under the new rules, a change of workplace location may now also be considered a fair ETO reason. Before, it was deemed to be automatically unfair.
Employers should consult and seek agreement about any changes, or explain in writing why points raised cannot be carried forward. Legal advice is recommended.
edc said:
Is the rota and shift pattern itself contractual?
A lot of rota/shift based contracts will say something like "your contractual hours are x per week / x per year on shift basis. The rota will be advised to you separately and may be changed upon business needs"
exactly ... the standard J+EM advice of 'check your contract / employee handbook' before making a tA lot of rota/shift based contracts will say something like "your contractual hours are x per week / x per year on shift basis. The rota will be advised to you separately and may be changed upon business needs"
t of yourself is very pertinent here ... mph1977 said:
edc said:
Is the rota and shift pattern itself contractual?
A lot of rota/shift based contracts will say something like "your contractual hours are x per week / x per year on shift basis. The rota will be advised to you separately and may be changed upon business needs"
exactly ... the standard J+EM advice of 'check your contract / employee handbook' before making a tA lot of rota/shift based contracts will say something like "your contractual hours are x per week / x per year on shift basis. The rota will be advised to you separately and may be changed upon business needs"
t of yourself is very pertinent here ... t thus far...Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff