Drastic working hours/days contract change
Discussion
Afternoon all, just been informed that the company I work for is having a major overhaul of its work patterns & hours.
I am contracted to work mon-fri 7.30am-4pm, minus 30 mins lunch break (unpaid) every day. The nature of the business means frequently we are asked or choose to work paid overtime, and get asked to work away from home at very short notice & stay overnight etc,, and work weekends. Now the workforce is fairly small, but most people including me are very flexible & help out where possible, and generally get what needs to be done sorted out. The company would not survive without the goodwill & hard work over & above contracted hours.
The management have now decided that mon-fri is no longer required, but instead we will be working 5 weekends out of 8, with days off in the week to compensate, and a fri-sat-sun off every 8 weeks. The shifts will be 7am-7pm, of which you will be expected to work 10hrs 15 mins, but with varying start times & finish times in that 12 hour shift as required. As there will be extra time off, they have deducted 5 days of annual leave, and given an "incentive" of a 2k shift allowance.
Now I think, and the general feeling amongst the workforce is that it's a very one sided deal, we lose 5 weekends out of 8, lose 5 days holiday, lose the overtime chance as the shifts are longer with not many days off, for very little compensation.
What rights do I/ we have to disagree to this new shift plan, considering we currently work mon-fri?
My other problem is that I currently have 2 training bonds active, would my employer drastically altering contract to the point where I would feel I would be forced to look elsewhere for employment mean that these bonds would be null & void, as if I am unwilling to accept the new terms & conditions then I would not be able to service my payback time in employment, but leaving would theoretically cost me 4-5k?
Not a happy bunny at the moment, I don't want to come across as a militant worker & accept the business needs must be met, but a simple 4 on 4 off or 7 on 7 off would be much fairer for everyone & still provide the weekend manpower they require?
I am contracted to work mon-fri 7.30am-4pm, minus 30 mins lunch break (unpaid) every day. The nature of the business means frequently we are asked or choose to work paid overtime, and get asked to work away from home at very short notice & stay overnight etc,, and work weekends. Now the workforce is fairly small, but most people including me are very flexible & help out where possible, and generally get what needs to be done sorted out. The company would not survive without the goodwill & hard work over & above contracted hours.
The management have now decided that mon-fri is no longer required, but instead we will be working 5 weekends out of 8, with days off in the week to compensate, and a fri-sat-sun off every 8 weeks. The shifts will be 7am-7pm, of which you will be expected to work 10hrs 15 mins, but with varying start times & finish times in that 12 hour shift as required. As there will be extra time off, they have deducted 5 days of annual leave, and given an "incentive" of a 2k shift allowance.
Now I think, and the general feeling amongst the workforce is that it's a very one sided deal, we lose 5 weekends out of 8, lose 5 days holiday, lose the overtime chance as the shifts are longer with not many days off, for very little compensation.
What rights do I/ we have to disagree to this new shift plan, considering we currently work mon-fri?
My other problem is that I currently have 2 training bonds active, would my employer drastically altering contract to the point where I would feel I would be forced to look elsewhere for employment mean that these bonds would be null & void, as if I am unwilling to accept the new terms & conditions then I would not be able to service my payback time in employment, but leaving would theoretically cost me 4-5k?
Not a happy bunny at the moment, I don't want to come across as a militant worker & accept the business needs must be met, but a simple 4 on 4 off or 7 on 7 off would be much fairer for everyone & still provide the weekend manpower they require?
.Update time....
The new contracts have been offered, and as yet I have declined to sign, as despite all of the protests from staff, the new shift roster covers a lot of weekends, 5/8 or 6/8 as you work through it. The other big issue for me is the notice period for me goes up from one month to three months, which will seriously hamper my chances of getting another job should I chose to leave?
Now, I had a "meeting" (read pressure sales/bullying into signing new contract)with Hr & my line manager today, and was given until Wednesday to sign or basically face being dismissed.
The general feeling is that they know that what they are doing is wrong, but I get the impression that they are banking on the fact that I will back down & just accept the new T&Cs like a good boy.
This as far as I can tell, is constructive dismissal?
What chance would I stand if I end up having to go to a tribunal over this, and what sort of compensation would be the norm? I don't want any payout or to chase anything that is unreasonable, my position would be pay me the wages that I am contracted to, and release me from my training bonds (approx 4k ish), would this be a reasonale solution?
They would offer me another role based on the new shift plan, but I am unwilling to lose 6/8 weekends so it is a no go for me.
Any advice would be greatly appreciated.
The new contracts have been offered, and as yet I have declined to sign, as despite all of the protests from staff, the new shift roster covers a lot of weekends, 5/8 or 6/8 as you work through it. The other big issue for me is the notice period for me goes up from one month to three months, which will seriously hamper my chances of getting another job should I chose to leave?
Now, I had a "meeting" (read pressure sales/bullying into signing new contract)with Hr & my line manager today, and was given until Wednesday to sign or basically face being dismissed.
The general feeling is that they know that what they are doing is wrong, but I get the impression that they are banking on the fact that I will back down & just accept the new T&Cs like a good boy.
This as far as I can tell, is constructive dismissal?
What chance would I stand if I end up having to go to a tribunal over this, and what sort of compensation would be the norm? I don't want any payout or to chase anything that is unreasonable, my position would be pay me the wages that I am contracted to, and release me from my training bonds (approx 4k ish), would this be a reasonale solution?
They would offer me another role based on the new shift plan, but I am unwilling to lose 6/8 weekends so it is a no go for me.
Any advice would be greatly appreciated.
My Big problem is that after being told about the new shift, I have applied for various other jobs, as I am unwilling to be bullied into such an appaling shift pattern. However, with the new contract stating that three months notice will be given, it could really hinder me getting a new job?
This is not constructive dismissal. They want you to accept contract changes, you need to make it clear that you are not accepting those changes and are continuing to work under the old contract.
They have a choice of accepting your position or sacking you, if they sack you that is when you could go to tribunal for unfair dismissal.
But please, get some proper advice, this stuff needs someone who knows what they are doing.
They have a choice of accepting your position or sacking you, if they sack you that is when you could go to tribunal for unfair dismissal.
But please, get some proper advice, this stuff needs someone who knows what they are doing.
As per previous advice take the full details to a decent employment lawyer.
The man in pub/bloke on forum summary is:
If you refuse to accept a change to your terms and conditions and your business dismisses you for that reason, the reason may constitute SOSR (Some Other Substantial Reason) - this can be a fair reason to dismiss.
For a unilateral change to amount to SOSR, your business must be able to demonstrate that the changes were not imposed arbitrarily, but were for a “sound business reason”, be able to demonstrate these reasons, and the reasons be non-trivial. The reasons don't have to be a life/death situation for the business.
If most other employees accept the changes, this makes it harder for you.
The man in pub/bloke on forum summary is:
If you refuse to accept a change to your terms and conditions and your business dismisses you for that reason, the reason may constitute SOSR (Some Other Substantial Reason) - this can be a fair reason to dismiss.
For a unilateral change to amount to SOSR, your business must be able to demonstrate that the changes were not imposed arbitrarily, but were for a “sound business reason”, be able to demonstrate these reasons, and the reasons be non-trivial. The reasons don't have to be a life/death situation for the business.
If most other employees accept the changes, this makes it harder for you.
Gassing Station | Jobs & Employment Matters | Top of Page | What's New | My Stuff