An employer can make a change ('variation') to an employment contract if: there's something in the contract that allows the change (usually called a 'flexibility clause') the employee agrees to the change; the employee's representatives agree to the change (for example, a trade union) 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. Change In Shift … Now due to covid-19, i assist in home schooling the kids because my wife works 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. Are you a member of a union – if so, contact your union rep. How many notice days should the company give me to be on a shift structure as I I’m working permanently day shift. I am finding this pattern financially difficult and wish to be placed back onto my old shift pattern which I should now be able to cope with. What kind of contract are you on? If your employer agrees to your request, this could result in a permanent change to your employment contract. Hi, Could you supply more information? Hi Mandy! Can my employer not renew my contract if I am on maternity leave? Can they make me switch? Hi Steve, If you changed your working pattern as a result of a formal flexible working agreement that would represent a permanent change to your terms and conditions unless you agreed to a set time period. 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. Should Employer Pay for Ongoing Treatment for Injury? Editor: What does your contract say about changing your shift pattern? I am currently on a flexible agreement which was put in place following the passing of my late wife. My colleague would do my shift for me, so the number of staff would be exactly the same. I am writing to request a change in my current shift. How many hours are you contracted to work? Hi, Can you write in to mandy@workingmums.co.uk with more details of what your contract specifies. Check if the change is permanent. 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. We having issue and Company interview all employees this is very sensitive time. 28 hour day. 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. For example, the company may be adding a shift and need that particular person's expertise on that shift. Dear Mandy, I requested a week holiday which was refused because on one day we would be short staffed. Hi, there is no legal entitlement to a lunch break, but there is a right to a rest period of up to 20 minutes depending on hours worked – see http://www.acas.org.uk/index.aspx?articleid=4282. gulliver1 Downing Street. I had refused as if I start at 1600 hrs, I don’t left any time for my other activities. Yet it is verbal and i don’t know any possibilities. Apply for a flexi working contract to work late on a sunday or move. 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. If your employer wants to change your shift pattern, please see our guide on changes to shifts and check your legal rights. I have 2 15 minute breaks and a 30 minute lunch during each shift. I work in a nursery (40hours a week) and have three children of my own. I have worked for my company for more than 2years. Many thanks. 12 hour continental shift schedule. Hi, It depends what it says in your contract about whether your shifts can be changed eg for business reasons. You can use this with a three-shift pattern, but you can’t manage a full weekly coverage with this approach. I don’t know what to do. Will the lay me off? My department is made of two different section let’s call it “A” and “B”. The three eligible reasons are: Share Your Story, Join the Discussion or Seek Advice.. 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. I have feeling that I do much more then i should. My manager is trying to force me into changing my shifts. For many shift workers, it is a choice that offers flexibility, freedom and opportunity to balance family and home. On “A” there is about 60 people working on 3 shifts pattern and “B” are working in 5. Dear Employer’s Name, My name is employee’s name. Hi, I am not sure what your question is. My symptoms including numbness/weakness disappeared after the treatment plan! Last month I approached my manager to reduce my 4 nights to 3 due to caring for a family member who has recently had a stroke and also my youngest child has special needs so the three nights were better. I work 2 lates a week and colleagues work 1 which they want a set day because of child care. In theory, your employer can’t change the terms of your contract without your agreement. 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. Please advise me the best possible solution. Their hard work is then rewarded with four days off. Can they do that? Under TUPE, you can't really change any of the employment terms, but away from TUPE, you can change things as normal. Explain what effect the change would have on the business. 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. What can i happen in either way? Since 30 June 2014, this right is not limited just to those who have childcare and other carer responsibilities, but applies to all employees. If you have the right to apply, the process to follow can take up to 12 weeks. how much notice do they have to give us to change shifts?? Is it any low in uk. First, raise the issue with your employer or the personnel department of your company. i have been informed that my employer has changed my shift pattern from 3 on 3offto 2 on 2 off 2on 2off 3on 3off with no consultation with the people affected or written conformation or notice what can i do about this and can they legally just do it without any consultationthank you. Do I have a leg to stand on? Firstly as a warehouse supervisor(approx 14months) and my contract stated rotating shift 0600-1400, 1400-2200 and 2200-0600. Injured at Work – Will My Partner Get Full Pay? DATE. But we had an agreement, as some people on other departments, to had a brake at 12 o’clock. Hi Brenda, The article you have commented on outlines your rights and it will depend on what is specified in your contract. Is it legal for them to do so. Customer: dont understand the question JA: Anything else … Can they do that? Have you considered all the options? What if my employer changes my terms of employment without notifying me? It is in my contract that they can change my hours, however it does state for business needs such as emergency production. Or with a lawyer? Hi, Has there been any consultation process on the change? One of my colleagues who has that day off offered her help to do my shift. What is the minimum notice period they should give me for a shift change request? 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. Explain how such effects might be dealt with. Continental plan. How long have you worked the shift you are currently on? Be dated. Hi. During the interview process and when I accepted the offer, it was communicated to me by my now manager that it will be a 9.30 to 5 job, Monday to Friday, which has been the case for the past month. I now also have legal responsibility for my step son as well as my baby. About 2 weeks ago my co-worker left for another job, leaving me as the only person to do the work in my department. we work a shift pattern of 08.00 – 17.00 which includes weekends, we have been told that the company is going to change our pattern on a rotation basis so we will be working staggered hours 06.00 – 15.00, 07.00-16.00 and 08.00-17.00. They have set up brake time at 12 for normal shifts. All shifts are 8 hour shifts, thanks, Hi I have worked for a company for 8yrs now my team leader told me I have to work 10hr as it’s a shift change but is it a shift change if not all factory workers are doing it or is it over time as I have been doing it for the best part of 12 weeks now and they say I have to do it how can it be called a shift if the whole shift aren’t doing my shift is 8hr at other times thank any info would be good. The following advice only applies if you are in the UK. I can prove that he is making all the time more money than me! Join the UK's largest union and professional body for nursing. 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? Hi, If your contract says you can have your shift changed for valid business reasons – see https://www.workingmums.co.uk/hours-to-change-ask-the-expert/ for more information. 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. The bad news is that the employer can consult with you to seek your agreement to change the shifts - giving you your notice period of the proposed change - which is probably 4 weeks notice. More details here on what you can do – https://www.workingmums.co.uk/hours-to-change-ask-the-expert/. I then got a promotion around 11-12 months ago however I never got a new written contract. Can this night shift clause be invoked for me upon my return? 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? Safe Working With GMOS (Genetically Modified Organisms), Safety Signs in the Catering Industry: Questionnaire, What Do You Know About Workplace Safety? is this legal ? And the other one saying for over a year now I am first on her list to move to earlier shifts. They did this once b4 but I took voluntary layoff but this time I cant do that. 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. Direct Sex Discrimination . I don't want to work evenings. After all, on some occasions there’ll be no one at home to look after a child. For instance, does it state your hours and does it state that these can be changed for business reasons? My employer has suddenly changed my shift pattern of working. Its only me left for twilight shift which starts from 1800 hrs to 0200 hrs. The decision concerned a dispute between a union and an employer about the transfer of employees from the afternoon to the day shift. Re: Employer Has Changed My Shifts: What Are My Rights? You can both agree a trial period to make sure the new arrangements work. Other colleagues have made local agreements not to work night shifts. We wouldn’t be short staffed because of my holiday, that would be the case anyway. If you have the right to apply, the process to follow can take up to 12 weeks. In addition, shift workers, like other employees, are protected by statutory rights. 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. Please what should I do ? They won't even provide me with a confirmation of when I definately won't be working, so I can make arrangements around that. 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. https://www.davidsonmorris.com/90-days-notice-change-of-contract How to Deal With an Employee Who Does Not Want to Change Shifts. Does that mean my employer can change my contract without my agreement? Furthermore, it’s clear from the question that this employee cannot work nights. I have worked for my company for 14 years 9 of those permanant night shift. Whilst being off, some members of the department have been given ‘projects’ to complete on a mon – fri basis as well as some in the new shift pattern. When I got promoted to shift manager, I signed my contract including a flexible working clause (contract states flexible working can be seen in company handbook – I have never seen nor can I find a company handbook). I end up ringing him every night shift due to having an attack. Can they do this? and be out off a job the new shifts are coming in on dec 1st if we wish to take on more work with less people we can keep the shift pattern we are on if not he will change it to 8 hr shifts which means we will work an extra 23 days a year. When you agreed to the different shifts, was it specified that it was only for the holidays? If you’re not sure how a change will affect you or whether to accept it, you can get free employment advice from your local Citizens Advice or the ACAS helpline. Or fire me? Hi Helen, If you do the training how long will you be working? We've been building up to it...read more, Dads still feel worried that they will be stigmatised at work for taking extended parental...read more, I am about to start maternity leave with my first child. You can write to mandy@workingmums.co.uk with more details. if not is there any action i can take against it ? 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. 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. These include a detrimental impact on quality and performance, and the ability to meet customer demand, as well as insufficient work for the periods the employee proposes to work. c o m. I usually work night shift from 20:00 to 8:00. 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. Is there any way you can reach a compromise which meets your employer's business needs and gives you some flexibility? ive worked for my company 28 years part time 3 days a week plus aocasional sundays i was asked to be contracted on a sunday and give my friday up which i did now they have told me they want to split my thursday shift which is seven and a half hours and do three and three quaters on a friday night and saturday on a rolling rota five until nine evenibgs where do i stand i got to visit my elderly mother on a saturday thats the only change i can. My question is can my employers force me to change my current shift pattern ,to a shift my colleagues and myself feel - Answered by a verified Solicitor . I’m now on maternity and since being off a new line manager has invoked a 3 on 3 off 12 hour shift structure, days then nights. read more, HR expert Kate Palmer from Peninsula UK advises on what parents can do if their schools are forced to close due to Covid-19. caring for a disabled child under 18 who is receiving disability living allowance (DLA). Earlies and lates. Writing a letter to request a shift change is the most professional way to approach your employer and to ensure that your request is given proper consideration. But as a business develops and changes, employers may need to vary shift patterns. Crosswords 9 mins ago. Please help! Hi. A contract of employment is a legal agreement between the employer and the employee. 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). In theory, your employer can’t change the terms of your contract without your agreement. 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. because it suited me and my employer. Explain the change they would like to their working pattern. Can somebody please help. The company supports flexible working and offers rates which are typically 50% below traditional alternatives. Rotas have changed sometimes a 7.3p start on a sunday.. Unfortately i can.t make on a sunday at 7.30 as my bus dosen.t start until 8.my manager has given 3 opitions try to get in for 7.30 which means walking 5 mile. Any request by an employer to change shift patterns will in part depend on whether an employee’s contract allows the change. Besides, I don't want to change. I have worked for my company for a little over 2 years. If a man is refused part-time work or changes to his working hours, he may have a claim for direct discrimination because of sex under the Equality Act (section 13) if his employer allows a woman to work part-time or reduce her working hours but not a man.. Could they insist that I revert back to rotating 0600-1400 1400-2200 for the last few weeks as this is the only contract I have? My employer wants to change around the shift calendar, effectively splitting comfortable workers up that chat too much in his opinion. There are three ways for an employer to change an employee's contractual terms and conditions(including their usual shifts): 1. My old manager who is now deputy always understood that during term time I would need a 9am till 6pm shift to help with school drop offs, although this wasn’t written down. Our superior alow one worker to work day only us we work night and its pain cos i live a 4mouthbaby but she dont want to rotate 3 shiftwith us and the Hr dont want to solve these matter, I was working for two years straight night shift and then they moved me to work on day shift during the lock down my mother got sick and cannot 100% look after herself I got a friend to help out during the day yesterday my manager ask me move to night shift I tried to tell him why I can't go to night shift but he didn't give me a chance to explain I told him that I can't go tonight but he insisted and said if I don't go to night shift then I have no work I must stay at home and he will book me fora hearing I even recorded him he said that he don't care whether I go to ccma or what he don't care he asked my supervisor to call the securities to escort me of the site later that day so my supervisor phoned me and said that I must write a letter as to why I can't work night shift I explain to them they phone me and told me that I must get proof by her doctor that she's a patient there and that I'm the cargiver and then he phone and said that he won't accept that he wants a doctor report from my mother doctor I then told him that the doctor said that he won't be able to give me more than than information due to the fact that my mom is the patient and not me and that it's private and confidential my mom also don't want him to give out any information about her sickness so the manager phone me and told me that he won't accept that letter and he don't care he just want to see me night shift I then spoke to his boss looks like he is taking the manager part and is also not replying to my messages I desperately need advise pls I'm clueless, I was working for two years straight night shift and then they moved me to work on day shift during the lock down my mother got sick and cannot 100% look after herself I got a friend to help out during the day yesterday my manager ask me move to night shift I tried to tell him why I can't go to night shift but he didn't give me a chance to explain I told him that I can't go tonight but he insisted and said if I don't go to night shift then I have no work I must stay at home and he will book me fora hearing I even recorded him he said that he don't care whether I go to ccma or what he don't care he asked my supervisor to call the securities to escort me of the site later that day so my supervisor phoned me and said that I must write a letter as to why I can't work night shift I explain to them they phone me and told me that I must get proof by her doctor that she's a patient there and that I'm the cargiver and then he phone and said that he won't accept that he wants a doctor report from my mother doctor I then told him that the doctor said that he won't be able to give me more than than information due to the fact that my mom is the patient and not me and that it's private and confidential my mom also don't want him to give out any information about her sickness so the manager phone me and told me that he won't accept that letter and he don't care he just want to see me night shift I then spoke to his boss looks like he is taking the manager part and is also not replying to my messages. 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