Where do I Stand in regards to Workplace Law? No, your employer cannot change your hours without you agreeing to the change. They have set up brake time at 12 for normal shifts. I purposely put in for night shift because i school during the day. A contract of employment is a legal agreement between the employer and the employee. What i don’t understand, and can’t accept, that swaps were always allowed in our surgery. How to Deal With an Employee Who Does Not Want to Change Shifts. Louise Paull of Lawbite explains employment rights for shift workers, especially if they are facing changing shift patterns. Hi, Could you supply more information? A contract of employment is a legal agreement between the employer and the employee. I realize that I’m only getting 7 hours rest between the shift pattern. A contract of employment is an agreement between you and your employer that outlines the rights and duties of both sides.. At some stage your employer or you might want to change your contract of employment. How to Deal With an Employee Who Does Not Want to Change Shifts. Since 2004 I have worked 6am till 2pm with a 1pm finish on my 5 shift, whether it be Friday or a Saturday. There is legislation around working hours and rest periods – see https://www.gov.uk/rest-breaks-work. Employee’s Name Street Address City, State, Zip Code. Now due to covid-19, i assist in home schooling the kids because my wife works day shift. Hi Helen, If you do the training how long will you be working? They must give reasonable notice [reasonable is not defined, but is usually taken to mean at least 12 hours]. Any request by an employer to change shift patterns will in part depend on whether an employee’s contract allows the change. I have asked how come my reason doesn’t count as I am stressed from it. Re: Employer Has Changed My Shifts: What Are My Rights? 6-2 workers got it at 10 o’clock. Other colleagues have made local agreements not to work night shifts. I was told I would be “floating” for a while so I would still be coming in and getting paid. With regard to changes to your work schedule, can you explain a littlem more and what does your contract say about this? If you have the right to apply, the process to follow can take up to 12 weeks. Your contract of employment, or local policy, may allow changes to your shift pattern, provided your employer follows the correct process. You do not have to accept, but you run the risk that the employer then says it has no work for you - … My problem is that they have set days off and I’m expected to work around them, I usually have Tuesday and Saturday off 1 week and Sunday and Friday off the next. My employer wants to change around the shift calendar, effectively splitting comfortable workers up that chat too much in his opinion. The first point to make is that an employer cannot force someone to change shift patterns. I have been nightshift for over 4 years constant how much notice does my employer need to give if they want me to come days ? Their hard work is then rewarded with four days off. Can an employer change an Employees shift pattern rate of pay working hours without and employees consent JA: Was this wage-and-hour issue discussed with a manager or HR? I have no access to see this rota and was never informed that my shift was changed from the thursday back to the wednesday so had no idea I was to be in last night and now I’ve been turned away from my agreed shift has left me short this week. But in the meantime, here are some of the types you can familiarise yourself with: 2 shift. Do I have a leg to stand on? If so, what impact would parental leave have should I go down that route? If you work part-time and earn over a certain amount your employer will have to deduct tax and national insurance contributions from your salary in the same way as if you were working full-time. can work change my shift pattern? Again, explain the situation and ask to stay on the day shift. As clients and customers come to expect a round the clock service, shift working is increasing. Is this fair for done to force me to day shift? If you are doing it regularly you could argue that it is not overtime, but has become part of your regular hours and you could say this is not reasonable and represents a change to your terms and conditions. Editor: Louise Paull says: When you were asked to change to a permanent 0730-1530 shift, unless anything else was agreed at the time, it sounds like it was a change to your contracted hours even though you were not given a new written contract. Should He Be Allowed to Work Alone at Night? If we don't work together I will have to work evenings to get my 35hrs in These variations may not work for all employees, particularly as their circumstances change with the arrival of children and their differing needs as they progress through school. Please what should I do ? I have worked for my company for more than 2years. What does your contract say about shift changes? Explain the change they would like to their working pattern. *Louise Paull, a working mum herself, is one of a number of experienced solicitors providing simple, affordable, high quality legal services through LawBite. regards, Hi, In your contract does it specify the twilight shift and does it say that shift can be changed? I have worked the last 15 years on a shift pattern of 7 on 3 off and 7 on 4 off my company has now decided to change that to a 4 on 4 off but on the same pay rate so i will lose £6500. The following advice only applies if you are in the UK. Can my employer change my shifts without discussing it with me first?? Hi, I am not sure what your question is. You should look at your contract and check if there is any wording in the contract that say the employer can vary its terms without your agreement (often called a “variation clause”), and try to remember if anything has been agreed orally. Crosswords 9 mins ago. Employers do not have to agree holidays and unless it says in your contract you can swap your days then legally you can’t do anything about the refusal. retrocop Hms Queen Elizabeth. Sometimes employers must ask employees to move to a new shift. Please help! We use cookies to give you the best possible experience on our website. Examples of shift patterns and traditional approaches to shift working. Yes,they can change any ones shift.Just adjust your schedule to accommodate the company's needs.I put the job first anyhow.I have always managed to keep a very flex able schedule where the employment is concerned.Home Depot is like that.If you have the day off and someone calls in,and you are next on the list,they call you.That is how they keep their overhead expenses down.If you … As women are generally the main childcarers in a family, any decision to refuse a flexible working request from a woman with childcare responsibilities may be indirect discrimination. You can both agree a trial period to make sure the new arrangements work. Also, my department seems to change my schedule for the day at least half an hour before I am due to go on any of my breaks – so I am given more time on the phones. Hello, I am single mum and have a 11 year old son who is alone when I work on Wednesdays and finish 8pm get home 8:30pm, Thursdays finish 10pm get home 10:30pm. shortage of work), the employer can follow the retrenchment process if employees refuse to agree to a reduction of their working hours. Thank you for your quick answer. One of the most famous patterns, its continuous approach relies on a fixed 12 hour run. Or with a lawyer? Can you please help me finding out if the management team can legally refuse a shift swapping? Fears that e-presenteeism is driving down well being. If your requested working pattern is fewer hours, your pay will reduce. Its only me left for twilight shift which starts from 1800 hrs to 0200 hrs. Most managers will respond positively. Checking my contract, it says contracted hours can be changed with “reasonable notice” What is classed as reasonable notice? Can you provide a few more details? The three eligible reasons are: Share Your Story, Join the Discussion or Seek Advice.. Employer Has Changed My Shifts: What Are My Rights? If someone quit because they are illegally in the United States can they come back and get the hours they had before even though they have been given to me. I had put a groevamce against that manager and won. Employers cannot make changes without the employee’s consent. What reason has been given for the reduction in hours? Florida, like nearly every other state, is an "at-will" employment state. Yet it is verbal and i don’t know any possibilities. Re: Should He Be Allowed to Work Alone at Night? If there is a less discriminatory way of achieving the employer’s aim, any change in shift pattern is likely to be indirect sex discrimination. If your employer wants to change your hours (including asking you to work your original shift pattern), you would need to agree to the change. read more, Receive recruitment related emails from workingmums delivered to your inbox, Sales E: sales@workingmums.co.uk T: +44(0)20 8432 6094, Customer service E: info@workingmums.co.uk, Technical Queries E: support@workingmums.co.uk, Contact us by post: Working Mums Ltd PO Box 53228, London, N3 1YR, @WorkingMumsSarah Brindley is a train driver with @northernassist and says the #flexibility and #support her employer has given… https://t.co/e9osWTIkF7Dec 21st, @WorkingMumsEvents Fundraiser (Part Time) job with MS UK Colchester, Essex https://t.co/21ahnAgGwW #jobs #joboftheday #PartTime #events #fundraiserDec 21st, @WorkingMumsSponsored by MTR Elizabeth line, @Roche, @McDonaldsUK, @PwC, @StanChart and @kearney the #TopEmployerAwards shortli… https://t.co/c6tPdbUmPBDec 18th, Browse Q&A Ask a question Meet the experts Register For Recruitment Emails, Search here for Franchise Opportunities, Top Employers, Returner Programmes, Events and Articles, Click the button below to register your interest with all the franchises in your selection, This franchise opportunity has been added to your franchise selection, You may be interested in these similar franchises, Events Fundraiser (Part Time) job with MS UK Colchester, Essex. Should the Employee Return to Normal Duties? I work in retail my manager put me on Sunday shift when I was due to work on Monday 12/10/2020. Can my employer change my contract of employment? 2-10 can they do that. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union). Where there is a recognised trade union, this further agreement should be negotiated through collective bargaining. If you have the right to apply, the process to follow can take up to 12 weeks. Could you send your query to mandy@workingmums.co.uk? This should be stated in your contract – see https://www.qcs.co.uk/ask-sheila/much-notice-employer-give-regarding-shifts/. You will need to look carefully at the wording. 28 hour day. If your employer agrees to your request, this could result in a permanent change to your employment contract. If you feel that is not the case, you can appeal. Did your colleague return before the restructure, for instance? Sometimes employers must ask employees to move to a new shift. Thanks guys any advice would be greatly appreciated x, Hi Amy, What does your contract say about changing shifts and cancellation? Depending on the proposed change, employers might consider: asking for volunteers (if the change might suit some employees more than others) offering incentives to employees Hi Gwen, Can you write in to mandy@workingmums.co.uk with more details about how long you have been doing the shift you are on, what your contract says about the employer’s right to vary shifts, etc. store, currently I work 12-6pm on a Monday and 2-8pm tues - Friday. Should Employer Pay for Ongoing Treatment for Injury? Mamyalynne Farmers Guardian. Hi I work in a 24 hour contact centre – day shifts. Despite requesting for advance notice of shifts I haven't had a reasonable response. can I be force to change ? Sample 2 – Shift Change Request Letter. Direct Sex Discrimination . AS my manager is on holiday I could not ask her about this. I do not, however, feel that this is justifiable for business needs as we are quiet now and at our peak a move like this was not requested. Hi. You can write to mandy@workingmums.co.uk with more details. If an employer needs to change a contract, the first step is to talk with employees (or employee representatives like a trade union). My Tuesday shift has been cancelled now, should I still be getting paid for that as it’s not my fault. The company never advertised these two vacant slots for new recruitment. She was given a week’s notice to prepare for this change. Your email address will not be published. Is anyone else affected? When did you come back to work because any legal action would need to be taken without three months. I have been told by my friends and family that the shifts I am doing seem “mean” and “unfair”. However, neither you or your employer can change your employment contract without each others' agreement. Can they legally change my shift and not tell me and then be marked absent as I had no idea I was supposed to be in? Is releasing a rota classed as notice? – see https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems. Question please as I refused to change my contracted hours, can my manger take disciplinary action for termination of contract or not. I am an administrative employee and my department is undergoing some major changes, one of them is the hours that we will be open and the task of covering all of those hours with limited staffing. The fact that the parties have to agree to change conditions of employment does not mean that an employer’s hands are tied if employees refuse to agree to a change. The gender pay gap in the construction industry, Search jobs, franchise opportunities and articles on workingmums.co.uk, https://www.workingmums.co.uk/law-night-shifts-breaks/, https://www.workingmums.co.uk/trouble-over-request-for-more-flexible-shifts/, http://www.safeworkers.co.uk/if-your-employer-changes-your-working-hours.html, https://www.xperthr.co.uk/faq/can-an-employer-require-employees-to-use-their-annual-leave-during-the-coronavirus-outbreak/165040/, https://www.qredible.co.uk/b/start-new-business/, https://www.gov.uk/rest-breaks-work#:~:text=Workers%20have%20the%20right%20to,depends%20on%20their%20employment%20contract, https://www.workingmums.co.uk/hours-to-change-ask-the-expert/, https://www.workingmums.co.uk/flexible-working-a-guide/, https://www.qcs.co.uk/ask-sheila/much-notice-employer-give-regarding-shifts/, https://www.gov.uk/your-employment-contract-how-it-can-be-changed/dealing-with-problems, http://www.acas.org.uk/index.aspx?articleid=4282, Business Development Exec (Remote / Flexi-hours), Stigma still attached to taking extended paternity leave. I work weekends only9fri sat sun)12hrs shifts total of 34.5hrs perweek. In my contract I wrote the annual amount and per 7 shift a week so no hours is the shift 8H? This will therefore be about negotiating with your manager rather than an employment law issue, putting it to them that the change is not in the interests of the business, given eg that it will mean your rest period occurs near the beginning of your shift. How many hours are you contracted to work? To make such a request within the law, an employee mustn’t be an Agency Worker; must have worked for the company for 26 weeks or more; and mustn’t have made a similar request in the past year. My employer has suddenly changed my shift pattern of working. Split shifts. If your employer agrees to your request, this could result in a permanent change to your employment contract. I work the 1430-2200 shift and don't usually find out whether I'm working until the evening bofehand, although it can be as late as mid morning the same day. We used to get 2 days training during the day. Hi Mandy! Now because someone from section “A” went to a food van at 9 and did’nt hit the target they forced us to got a linch brake at 9 withouth sensible reason. Employers are required to handle a request in a reasonable manner, which includes considering the request properly and refusing it only for certain business reasons. This meant that all the employees terms changed anyway and one was made redundant. She was hired for days and has worked there for more than 10 years. This must: Be in writing. Full -time, 40 and over its says, Hi Mandy Garner A Global Pandemic: The ideal time to start a new business? I currently work first shift from 7am-3pm. A recent Fair Work Australia decision has clarified shift worker provisions in the Manufacturing Modern Award (AMWU v Rheem Australia Pty Ltd [2011] FWA 7602). I cover the late shift in a D.I.Y. I really need some advise. Hi, It depends what it says in your contract about whether your shifts can be changed eg for business reasons. You can only apply for flexible working once in any 12-month period, but you may be able to work out something informally with your employer. My manager has requested me to cover some shifts for the morning and i honored his request and covered for almost 7 weeks expecting that company will recruit some one for morning shift. Safe Working With GMOS (Genetically Modified Organisms), Safety Signs in the Catering Industry: Questionnaire, What Do You Know About Workplace Safety? What are my rights to stay on the day shift if my employer trys to force me to work nights? 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Here – https: //www.qcs.co.uk/ask-sheila/much-notice-employer-give-regarding-shifts/ rest periods – see https: //www.workingmums.co.uk/hours-to-change-ask-the-expert/ for more than 10 years calendar effectively. Hours are not allocated – see https: //www.gov.uk/rest-breaks-work … a contract of employment and their rights!