Discussion
I’m after some advice on if I have any grounds to pursue an issue I’m having at work. Sorry for the long post I’ve tried to condense it.
I’m a shift worker 365, 24/7. We have 4 small teams and I have been given 30 days notice to swap with a newly promoted member of staff. This impacts leave Christmas / new year for the next 4 years amongst many other concerns.
I’ve tried informal discussions along with my line manager also fighting my corner. The response has always been we will listen to your concerns but you are still moving.
Having looked at my contract it states the following “Subject to a reasonable notice, where there is an operational need the department may reasonably require that you work outside of your normal shift pattern. These arrangements are covered in the employee handbook”.
I took this as for courses and so on as a temporary measure so raised the question with HR (I also could not find any reference in the employee handbook to this type of scenario or a 30 day notice period).
HR have responded with having reviewed the contract, the employee handbook, the operations manual we use and another document that this is allowed.
Having read all the documents I found “time outside the roster for courses will be directed at least 30 days in advance” it also states in that document that it supersedes the employee handbook and that the employee handbook is no longer contractually binding.
The operations manual is the only document that states moves are allowed and that 30 days notice shall be given but it also states “it is not designed to override any documentation with regards to the employee handbook” which is now not contractually binding.
So do I have some grounds to fight it? It may sound rather minor to some but it is a huge change for me both work and socially (once that’s allowed).
I’m a shift worker 365, 24/7. We have 4 small teams and I have been given 30 days notice to swap with a newly promoted member of staff. This impacts leave Christmas / new year for the next 4 years amongst many other concerns.
I’ve tried informal discussions along with my line manager also fighting my corner. The response has always been we will listen to your concerns but you are still moving.
Having looked at my contract it states the following “Subject to a reasonable notice, where there is an operational need the department may reasonably require that you work outside of your normal shift pattern. These arrangements are covered in the employee handbook”.
I took this as for courses and so on as a temporary measure so raised the question with HR (I also could not find any reference in the employee handbook to this type of scenario or a 30 day notice period).
HR have responded with having reviewed the contract, the employee handbook, the operations manual we use and another document that this is allowed.
Having read all the documents I found “time outside the roster for courses will be directed at least 30 days in advance” it also states in that document that it supersedes the employee handbook and that the employee handbook is no longer contractually binding.
The operations manual is the only document that states moves are allowed and that 30 days notice shall be given but it also states “it is not designed to override any documentation with regards to the employee handbook” which is now not contractually binding.
So do I have some grounds to fight it? It may sound rather minor to some but it is a huge change for me both work and socially (once that’s allowed).
Conditions set out in an employment contract may extend to details in other documents. So a Company Handbook, Health and Safety policy and similar will form part of the employment contract. This is quite normal.
The company are within their rights to change your hours regardless of whether this is written or not in the contract or elsewhere. If it is written, it's a slam dunk. If it's not written the option is inferred by dint of the company working shifts.
What they can't do - or do easily - is to force that change on you if means you would not be able to do the work. So if you were a carer or single parent and the current rules enabled you be those things but a change in hours would mean you couldn't, you would be forced to leave and this would be constructive dismissal - unless they made you a nice redundancy offer.
Of course they have a moral obligation to consider your situation before enforcing the change.To defend the status quo, you would need to demonstrate material loss as a result of the change.
Talk to them. Don't get defensive. Be prepared to compromise.
HTH
The company are within their rights to change your hours regardless of whether this is written or not in the contract or elsewhere. If it is written, it's a slam dunk. If it's not written the option is inferred by dint of the company working shifts.
What they can't do - or do easily - is to force that change on you if means you would not be able to do the work. So if you were a carer or single parent and the current rules enabled you be those things but a change in hours would mean you couldn't, you would be forced to leave and this would be constructive dismissal - unless they made you a nice redundancy offer.
Of course they have a moral obligation to consider your situation before enforcing the change.To defend the status quo, you would need to demonstrate material loss as a result of the change.
Talk to them. Don't get defensive. Be prepared to compromise.
HTH
Cheers Stevie, that clears a few thoughts up. I’ve always been happy to engage but rather than answer any question it’s always been vague which is frustrating.
They changed my job role 3 months ago with no notice and under an unwritten x percent change so no consultation required and now this I’m getting to the end of my tether. It’s frustrating as I love my job but constant changes are having its toll on me. 6 years I’ve been here and I’ve yet to complete 1 year without a shift pattern change so would like to return some stability to my life.
They changed my job role 3 months ago with no notice and under an unwritten x percent change so no consultation required and now this I’m getting to the end of my tether. It’s frustrating as I love my job but constant changes are having its toll on me. 6 years I’ve been here and I’ve yet to complete 1 year without a shift pattern change so would like to return some stability to my life.
Is your workplace unionized?
Sounds similar to my workplace, a union agreement may supersede the employee handbook etc.
Having experienced this a few times where i work though the general term quoted is usually 'business needs' and it is very difficult to argue.
We have appealed on the employees behalf though that a shift move may upset their work life balance (i.e. now working xmas day when their previous shift was not), in doing this we have often delayed the shift move or negotiated extra holiday entitlement.
Often a shift worker will have booked a holiday for next year as it is in their allotted 'time off' a shift move would then mean that they're scheduled to work that holiday. We've usually negotiated that they have that time off at no detriment to the employees leave entitlement.
I would say its likely you wont have much choice ultimately in this move so appeal to your boss's better nature and negotiate something like the above.
Sounds similar to my workplace, a union agreement may supersede the employee handbook etc.
Having experienced this a few times where i work though the general term quoted is usually 'business needs' and it is very difficult to argue.
We have appealed on the employees behalf though that a shift move may upset their work life balance (i.e. now working xmas day when their previous shift was not), in doing this we have often delayed the shift move or negotiated extra holiday entitlement.
Often a shift worker will have booked a holiday for next year as it is in their allotted 'time off' a shift move would then mean that they're scheduled to work that holiday. We've usually negotiated that they have that time off at no detriment to the employees leave entitlement.
I would say its likely you wont have much choice ultimately in this move so appeal to your boss's better nature and negotiate something like the above.
Yes I’m a member of the union but sadly they aren’t that great. We have a new union rep though and he’s certainly better than previous reps. I’ve got a meeting lined up as past attempts to negotiate like the leave and Christmas issues have been met with “your requests will be looked at favourably by your new manager” which is as vague as anything.
Realistically it’s time to leave but the current environment doesn’t really make it a good time to upsticks. I did get poached for overseas but the Mrs isn’t keen on that idea unfortunately.
Realistically it’s time to leave but the current environment doesn’t really make it a good time to upsticks. I did get poached for overseas but the Mrs isn’t keen on that idea unfortunately.
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