Night shift problem

GJ02

GJ02

GJ02

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Hi guys

Im in need of some advice please.
The company I work for is ramping up it production and requires a full night shift to work.
Last week both shifts ( AM & PM ) were given a 4 week notice letter, advising us that after 4 weeks anyone can be called upon to work nights on a 13 week period. Friday just gone names were elegedly pulled out of a hat by union reps ( of whom I dont trust ) and low and behold my name is pulled. Im given a ltter on the day telling me start dates etc etc and if I have any issues i need to write to my manager with reasons why I am unable to work a night shift.
I wrote my letter and handed it to my manager on monday, explaining that my son of 3 is cared for on 2 of my 5 working days by my mum and mother in law, my mum is going to hospital this monday to have surgery on her back and is not going to be able to care for him for at least 3 months, and my mother-in-law is leaving the county on tuesday for 3 weeks to visit her daughter in Dubai. Nursery have been told of my situation and are trying to make arrangements for him to attend but cannot guarantee a place at such short notice. If I were to work the night shift, on a wednesday morning and thursday morning I would need to look after my son all day until my wife returned home, leaving me with no sleep to work 2 night shifts.
My wife who also works for the same company, is about to launch a new product and because of her position and the nature of her job is unable to take time off as this would cause huge problems for her team and department so near to launch of a new product.
My manager tells me he thinks it will be ok and I have good enough reason not to work the night shift at this time but he has to discuss with HR and his Manager.
Today im told that HR and his manager are not that interested in my issue and want to force me to work night shift.
In my letter I didn't say I couldn't work nights at all, Just not at this time.
I know for a fact both of the people in HR and the manager have young children and thought they may of understood.
Im not best pleased to say the least.
Im told that tomorrow there could be a chance that other people from the opposite shift can cover for me, and another guy who has a similar issue to me. Im just a bit ****** and angry with the way its being handled
can anyone offer me any CONSTRUCTIVE advice please ?
 
GJ02 said:
is it a reasonable request what im asking ?
not to do nights at this point in time ?
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Yes I think it is, though they seem to have covered things legally with regards to giving 1 months notice of changing working hours. Apart from complaining to your lolunion there is not much you can do. Personally I would go to your Manager and reiterate that you are prepared to work nights but its a bit difficult at the present time and request to do them at a later date.
 
It is reasonable, if there's other people who can do the job and are willing then the management or HR don't need to make it an issue
 
Ask around if anyone's willing to swap this shift period. So you stay on days this 13 week period and then do nights the next.

With that sort of notice you should be able to sort it out kids or not. I know it's difficult for you but nobody said raising kids was going to be easy.

You seem to have a stable family environment with 2 grandmothers and your wife there to share the load and even the financial muscle to consider child care - many people would kill for the options you have.

Good luck with the negotiations, and remember the company isn't doing it to spite you, they just have things they need to do, and they can't expect the whole company (and all it's staff) to work around your child care arrangements so show some humility and give and take.
 
Telescopi said:
Ask around if anyone's willing to swap this shift period. So you stay on days this 13 week period and then do nights the next.

With that sort of notice you should be able to sort it out kids or not. I know it's difficult for you but nobody said raising kids was going to be easy.

You seem to have a stable family environment with 2 grandmothers and your wife there to share the load and even the financial muscle to consider child care - many people would kill for the options you have.

Good luck with the negotiations, and remember the company isn't doing it to spite you, they just have things they need to do, and they can't expect the whole company (and all it's staff) to work around your child care arrangements so show some humility and give and take.
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thanks for advise mate.
thing is, they have asked the rest of my work station ( 37 people ) and nobody wants to do it. The reason they dont want to is because they are nice and settled on our current shift and they all have their own jobs, going on nights will put them out of their work comfort zone.
I have asked when the draw was made was a definitave list made of all people after 13 weeks and 26 weeks made, the answer was no.
The thing that annoys me more than anything is, the people who have been picked are people who " dont cause a fuss, get on with their work without question, help others when not asked too. You would think ive been chosesn for them reasons, i think otherwise, we have been picked becasue they thought we would just go along and agree with it without fuss and causing problems. Im sick of being a nice person in work and getting walked over when it comes to things like this where I have to do something because it causes problems for other people. ( the rest of my work station )
Ive asked nicely in a letter, explaining why, ive said after 13 weeks is not a problem, but because the apple cart would be upset im being pushed to do it.
And the draw with the unions, was a farce, out of 37 people in the shift, only 10 or so people were entered into the draw.
 
Last edited:
GJ02 said:
thanks for advise mate.
thing is, they have asked the rest of my work station ( 37 people ) and nobody wants to do it. The reason they dont want to is because they are nice and settled on our current shift and they all have their own jobs, going on nights will put them out of their work comfort zone.
I have asked when the draw was made was a definitave list made of all people after 13 weeks and 26 weeks made, the answer was no.
The thing that annoys me more than anything is, the people who have been picked are people who " dont cause a fuss, get on with their work without question, help others when not asked too. You would think ive been chosesn for them reasons, i think otherwise, we have been picked becasue they thought we would just go along and agree with it without fuss and causing problems. Im sick of being a nice person in work and getting walked over when it comes to things like this where I have to do something because it causes problems for other people. ( the rest of my work station )
Ive asked nicely in a letter, explaining why, ive said after 13 weeks is not a problem, but because the apple cart would be upset im being pushed to do it.
And the draw with the unions, was a farce, out of 37 people in the shift, only 10 or so people were entered into the draw.
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Just out of interest are you in the Union ? Reason am asking is simple, contact them and ask for the local rep and explain whats happened here as its bang out of order.

Oh check this out:
Extending flexible working to parents of children under age 18
Friday, December 31st, 2010
On 30 September 2010, the Department for Business, Innovation and Skills (BIS) announced the Government’s plans to develop flexible, family-friendly workplaces, including the extension of flexible working (i.e. the right to request a contractual change to working hours, times of work and place of work) to all parents of children under age 18, whether or not disabled, from April 2011.

Currently, the only parents excluded from the flexible working entitlements are those with children who are age 17 and not disabled. The necessary amendment Regulations were made on 14 December 2010 and the change comes into effect from 6 April 2011.
 
I can help a little here, given my job role...

They absolutely cannot under current UK employment law force you to switch to a night shift. If they did, you could quit and take them to court for constructive dismissal.

You can legally change peoples working hours by taking an employee through a consultation process (usually giving them 4 weeks notice plus 1 week for every year they have worked for the company up to 12 weeks total) however the change has to be considered 'reasonable'. Being forced to work nights when you work days at the moment is absolutely not a 'reasonable' change and as such cannot be enforced without possible repurcussions should you fight it in court.

Also - Pulling names out of a hat is completely unacceptable and i'm actually shocked that any company would do this! When you take employees through a consultation period you have to offer it to ALL of them. Or at least all of those suitable. The process you have followed would also be grounds for refusal on your behalf even if it 'was' a reasonable request.

Simply - They cannot do this. You should refuse. See a solicitor to clarify all that I have said and draft a letter refusing and on what grounds, explaning that you have sought legal representation etc. They will back down.

Good Luck

EDIT: My only concern is that there is something about this in your T's & C's already which may enable them to do it and get around employment law. It would be worth digging it out and having a thorough read.
 
GordyR said:
EDIT: My only concern is that there is something about this in your T's & C's already which may enable them to do it and get around employment law. It would be worth digging it out and having a thorough read.
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most do have this in
 
thanks for infos
im told that my t & c does state im able to work any recognised shift pattern
ive not got a problem working any recognised shift pattern, just this one at this moment in time
 
well just to let you know
both myself and the other guy who had an issue with working night shift got called into the office yesterday and told that we wouldnt be doing night shift at this time. they have managed to find enough new starts to cover.
my company AMAZES me, you could write a book about it, you really could
 
thanks D.J
thing is, we have been asked not to say anything about how we got off it because next time other people will use the " well they got off it "
both me and the other guy in question have said we will not say anything.....because of what its like in work, i bet you £50 come monday when i start at 6am at least 2 people know, and it wont of come from me and the other guy !
thanks for your concern mate
 
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