How to Deal With an Employee Who Does Not Want to Change Shifts. My employer just forced my co-worker to change her work hours from a day to a night shift. If your requested working pattern is fewer hours, your pay will reduce. Generally, an employee is hired to work at a particular facility and not necessarily on a particular unit, floor or shift. Hi Gwen, Can you write in to email@example.com 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. Refresh. I have been on maternity for 52 weeks and am due to return to work in 2 weeks.I submitted a flexible working request to my employer to change from mon-fri 10-6 to tues, wed, thurs 8-4.my work have rejected this on business needs and advised they need monday and friday worked and the request for 1 late night per week and 1 saturday in 4.My department got restructured into other areas when I finished so technically I wasnt in a specific role so no lose to anyone.Do you think I have the right to appeal the decision.A colleague in my dept returned from maternity in june and was given the hours wed-fri 8-4 with no requirement for evenings or saturdays although she done them before. This is unreasonable. The manager says that there would be unacceptable shortage. Can my employer change my shifts without discussing it with me first?? ChatterBank 5 mins ago. 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. The employer sought orders declaring that the change in shift patterns did not constitute a change to his employees’ terms and conditions of employment, alternatively, restraining the employees from engaging in a strike to prevent him from introducing the new shifts. 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. Apply for a flexi working contract to work late on a sunday or move. This occurs when an employer implements a working practice, such as a change to shift patterns, which has a detrimental impact on a particular woman and women in general as the main carers. Will they terminate me if i refuse? I worked in a day centre for two years Monday to Friday 8.30am to 4.00 pm but there changed our time 8.30am to 4.30 pm started to till us we have got to work a weekend but I take the job because there was no weekend work because it was Monday to Friday work and work 8 hours without a break were do we stand, Hi, More information on changing shifts, etc, is available here – https://www.workingmums.co.uk/hours-to-change-ask-the-expert/. If they can change them for business reasons, it would be difficult to force them to change them back and as you have only been there for seven weeks, you cannot yet put in a flexible working request to fix your shifts [you can only do this after 26 weeks]. 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? Dear Employer’s Name, My name is employee’s name. hi both my partner and I were locked down In Spain and the company we work for in the UK still traded and have refused to furlough us is this legal. 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. Changes to a contract of employment. gulliver1 Downing Street. I'm not sure if I should contact to HR or not as I don't want this issues create problems for my new role. Since 2004 I have worked 6am till 2pm with a 1pm finish on my 5 shift, whether it be Friday or a Saturday. j0nb0y. Be dated. State if the employee has made a request previously and if so when. We have been told if night staff dont attend then we have to go to the training provider and pay for the course ourselves, can they do this? kabers Mons. My current shift pattern is 7 strait nightshifts then 3 days off followed by 7 strait backshifts then two days of 3 day shifts a day off then another three one day off then back to the nightshifts is this legal? If the contract set out the minimum number of hours that the employee is required to work only, as is often the case in shift workers’ contracts, generally employers can change shift patterns, provided that the employee is still being asked to work their contracted number of hours. There are three ways for an employer to change an employee's contractual terms and conditions(including their usual shifts): 1. Explain when they would like the change to come into force. Annual leave is usually an agreement between employee and employer, but employers can enforce it. Despite requesting for advance notice of shifts I haven't had a reasonable response. The employer needs to consider, and have evidence to justify, its need to change shift patterns in relation to that employee. 28 hour day. I am writing to request a change in my current shift. Your employer … DATE. Can an employer change shift patterns and can the employee refuse the changes because of their childcare responsibilities? Employer Has Changed My Shifts: What Are My Rights? With regard to overtime does your contract specify occasional overtime or qualify the overtime in some way? You can use this with a three-shift pattern, but you can’t manage a full weekly coverage with this approach. Your contract may also state that, provided you are given a fixed amount of notice, your working pattern can … Could you send your query to firstname.lastname@example.org? If you are a member of a trade union, you can also discuss the matter with your local representative. What can i happen in either way? I have worked for my company for 14 years 9 of those permanant night shift. I started my nightshift job last october 4 nights a week which were wednesday, thursday saturday and sunday. In these circumstances, the employer has to be able to objectively justify its practice by showing that it has a legitimate business aim and that it couldn’t achieve its aim in a less discriminatory way. Wales announces tougher measures to start on Christmas Day. Secondly, you need to ask yourself what is reasonable. I have been giving a hint that night shift will phased out and then i will be put to day shift. Secondly, you need to ask yourself what is reasonable. I handed my notice in on 24/12 with final leaving date of 30/01. Even if the employer can satisfy one of those business reasons and properly refuse a request to change shift patterns or to not work new shift patterns, working mothers are protected by anti-discrimination legislation. They won't even provide me with a confirmation of when I definately won't be working, so I can make arrangements around that. No I will still be the only person on this shift pattern. because it suited me and my employer. Can they do that? They have set up brake time at 12 for normal shifts. Their site is ww w. richherbsfoundation. I cannot afford to live on only one job so i need to do more to pay my all bills and other expenses. or what? Best wishes. 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. She was given a week’s notice to prepare for this change. Sample 2 – Shift Change Request Letter. Questionnaire: Can You Prevent a Workplace Accident? Or fire me? They must give reasonable notice [reasonable is not defined, but is usually taken to mean at least 12 hours]. If the terms and conditions of an employment contract need to be changed, both employers and employees should negotiate and try to reach an acceptable agreement, taking into consideration business needs and the employee’s concerns. Yet it is verbal and i don’t know any possibilities. See https://www.gov.uk/rest-breaks-work#:~:text=Workers%20have%20the%20right%20to,depends%20on%20their%20employment%20contract. I cover the late shift in a D.I.Y. Considering all options and asking employees for ideas can help agree a change. Any request by an employer to change shift patterns will in part depend on whether an employee’s contract allows the change. My employer due to covid is switching our shift from 12 hour days 2 on and 2 off to 3 on and 2 off then 2 on to 3 off and they are now say we are going to move to monday thru friday. Hi. Now a new manager is refusing me a set 9-6 shift which means I can no longer drop my eldest child off at secondary school which is a fair way away. If an employer needs to change a contract, the first step is to talk with employees (or employee representatives like a trade union). Hi, It would depend on what your contract states about the employer’s ability to switch the shifts. My problem is a tricky on, I’m full time and work 5 days over 7 and work different shifts through the week, sometimes il be on 7-4 one day the next 12-9 My colleagues work part time but only work over 4 days because of child care. Have you been consulted on changes to your shift pattern and what does it say in your contract – does it mention that the shift patterns may be subject to change? I end up ringing him every night shift due to having an attack. Hi - hope someone can help me on this one, and would very much appreciate any advice. As a shift worker employee, speak to your manager: set out your issues and concerns, including whether the change you need is only temporary; emphasise the benefits to your employer of your solution and consider any problems that your manager may have beforehand. First, raise the issue with your employer or the personnel department of your company. When you agreed to the different shifts, was it specified that it was only for the holidays? My issue is, i have just started a new job (7weeks) in and had my shifts changed 3 weeks in which i was ok with but then a family member has fallen ill and i would like to go back to my original shifts, as i will finish earlier and hence be able to assist my family member, i have mentioned it to my manager but am yet to hear back. 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. Employees have two sets of rights: their contractual rights as set out in their contract of employment and their statutory rights. Can this night shift clause be invoked for me upon my return? Employees have a legal right to ask for flexible working. For example, the company may be adding a shift and need that particular person's expertise on that shift. I had aweekoff. Sometimes employers must ask employees to move to a new shift. There is no official note, just because someone went to a food van. In my example, we took over the contact from another company at the point at which the terms of the contract changed significantly. I purposely put in for night shift because i school during the day. He told me that it was temporary but now that I requested to put be put back on the schedule as day shift … Firstly look at your contract of employment, there may be a clause that allows for your employer to make changes to your shift pattern. The change my employer wants to make is for me to work 2-8pm every day. I work in retail my manager put me on Sunday shift when I was due to work on Monday 12/10/2020. Hi, I am working with a company which has three shift pattern, Morning, Twilight and late night. They have now changed and decided we need training every 8 weeks during the day. What reason has been given for the reduction in hours? Employees on this must work four 12 hour days consecutively. Full -time, 40 and over its says, Hi Mandy Garner A Global Pandemic: The ideal time to start a new business? Do they still need to pay me for this shift aswell as I don’t think I should have to use my annual leave to cover my contracted hours and make sure I’m paid. I was told I would be “floating” for a while so I would still be coming in and getting paid. I’ve been working at my place off work for 23 years got a new manager two weeks ago he’s already tried to take a weeks holiday off me took me off my job I’ve done for all this time and put me on sweeping up filling shelves and cleaning so degrading he’s now hinting about changing hours I work three days a week and have done for a long time now he also says things to me in front off other employees can he do all this, I am working night shift 8pm to 8am, can I do 8pm to 7am because of child care. 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. per year is this legal ? I am currently a graphic designer on second shift at the Columbus branch offices. An employer should give an employee who works an irregular shift pattern reasonable notice of their hours. 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? Any employee with 26 weeks service can make a request. I have asked how come my reason doesn’t count as I am stressed from it. Answer Question >> Latest Posts. can I be force to change ? As an employer, consider why you need to change the shift patterns and be able to justify that decision with evidence. It contains terms, either 'express' or 'implied', that cannot lawfully be changed or varied without further agreement between you. Is there another way of achieving the same aim? Its only me left for twilight shift which starts from 1800 hrs to 0200 hrs. I'm having to caring for someone who is shielding, so need to know when I'm free to run errands, however I work for an agency and am currently placed at a large distribution centre. For example, your contract may only specify the number of hours you work per week while requiring you to 'work flexibly to meet the needs of the department' or similar. This happened after the new rules from the prime minister saying everything shuts at 22:00. We used to get 2 days training during the day. 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. Question please as I refused to change my contracted hours, can my manger take disciplinary action for termination of contract or not. Have worked particular shift for 16 years and now my employer is taking me of this shift and putting me in a variable roster what are my rights. In my contract I wrote the annual amount and per 7 shift a week so no hours is the shift 8H? My worry is that i may not have a leg to stand on in this case as i have just started the job, but i need this request to be fulfilled as soon as possible as it is quite a sensitive situation. 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. With regard to parental leave, I am not sure I understand. Please what should I do ? I work 3 nights in a row and have been told i have to attend training on the days im due to work the night shift. I work in a nursery (40hours a week) and have three children of my own. Its terms cannot lawfully be changed by the employer without agreement from the employee (either individually or through a recognised trade union). I have a 39 hour, 5 days over 6 with working hours between 6am and 10pm contract. Amongst other things, these give employees the right to request a change to their working arrangements, including any shift patterns, to allow them to work in a way that better suits their lifestyle. Coronavirus schools shutdown: what do employees and employers need to know? Hi Brenda, The article you have commented on outlines your rights and it will depend on what is specified in your contract. Can they do this? 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