So I think I have a case against my employer. Essentially changed our working hours around without consultation or consent, forced us to work extended night shifts in solitary for 12 hours for a month, then stuck us on weekends only due to not being able to retain staff or recruit staff for the position.
It has caused me to go off work sick, I had a panic attack in the middle of the office and had to leave to get checked out. I have been since signed off work with work related stress as it has never got better and work have not even acknowledge it as potentially an issue working solitary at night. Not prior to starting not since the attack I have not been sent for any medical checks despite protesting to work I have never had any health issues like this in the past. The job has been solitary MSP IT work 12 hour night shifts and weekends with no training on the company way of doing things, decades old ticket systems (excel spreadsheet would you believe a MSP / DC runs their business out of....) There has literally been nothing but password resets and monitoring to do during this time, essentially depression through boredom.
I have refused the latest rota change as they have tried to change it to 60+ hours a week for 3 weeks and a week off - which sounds great. Until you realise you are now working 3-4 12 hour day shifts a week, 2 out of 4 weekends and a night shift in that pattern, of which you get a day to recover (by day you get 24 hours from leaving to coming back in - finishing at 8am, then coming home sleeping and coming back at 8am the next day to do your next shift. None of us have agreed to it and it was designed behind closed doors with no consultation or discussion just "Here's the new rota enjoy!"
I asked HR for waiver I signed to opt out of 48 hour EU limit - which I did not sign so they could not produce it, they also said they were going to change the way we were paid (but i think this has been scrapped - but we don't know as they started this rota last week, with no communication on it, as is the theme here)
I believe I have a case for them to answer after speaking to ACAS they have asked me to get the legal merit of case. I have spoken to several advisers whom have said several different things.
To me the basis of the case :
- They changed my shift pattern before I had signed the contract then after I joined told me it would be 3 week cycles of day/night but still the 4/4 off/4/4 off pattern. This of course was not what we agreed and no one consulted me on this prior to me going on holiday and being put on the help desk alone with no training.
- I did not see my manager for nearly 6 weeks into the job as I was on nights and weekends for this time
- Raised to the MD and manager (who quit shortly after) that this is not on, a month of nights is a **** take and the answer I got "Well you knew this would be fluid as we tried to recruit" which nothing ever has come across my email or communicated to me this would be so. When I met with HR they admitted the consultation phase was done with the previous SD guys going to 24x7 but I was not included in these talk as I was not employed at the time.
-When I asked where our health assessments were prior to starting the night shift HR repleid "Well how are we supposed to do them before?" Which is exactly what the law tells me - "Employers MUST offer a health assessment before starting a night shift" - This was not offered, it still has not been offered after a panic attack, after working excessive night shifts under duress with no support from the company.
-The company has not outlined its new pay structure in writing, merely verbally by the MD whom deliberately obfuscated what the change was going to be. This new drastic change to the rota has not had a new contract produced for this and we currently are working under the old rota.
- When I went to HR they played ignorant to my health issues despite my line manager and the MD being aware of the issues caused by excessive dumping of night work on us because the company can't retain anyone. (9 engineers have left a company of 35 in 6 months, with more to follow very soon)
So where is my legal stance on this?
I have not breached the WTR (just under) BUT I have been doing 12 hour night shifts, does anyone know what the law is around the average as it should only be 8 hours on average as far as I am aware.
It has caused me to go off work sick, I had a panic attack in the middle of the office and had to leave to get checked out. I have been since signed off work with work related stress as it has never got better and work have not even acknowledge it as potentially an issue working solitary at night. Not prior to starting not since the attack I have not been sent for any medical checks despite protesting to work I have never had any health issues like this in the past. The job has been solitary MSP IT work 12 hour night shifts and weekends with no training on the company way of doing things, decades old ticket systems (excel spreadsheet would you believe a MSP / DC runs their business out of....) There has literally been nothing but password resets and monitoring to do during this time, essentially depression through boredom.
I have refused the latest rota change as they have tried to change it to 60+ hours a week for 3 weeks and a week off - which sounds great. Until you realise you are now working 3-4 12 hour day shifts a week, 2 out of 4 weekends and a night shift in that pattern, of which you get a day to recover (by day you get 24 hours from leaving to coming back in - finishing at 8am, then coming home sleeping and coming back at 8am the next day to do your next shift. None of us have agreed to it and it was designed behind closed doors with no consultation or discussion just "Here's the new rota enjoy!"
I asked HR for waiver I signed to opt out of 48 hour EU limit - which I did not sign so they could not produce it, they also said they were going to change the way we were paid (but i think this has been scrapped - but we don't know as they started this rota last week, with no communication on it, as is the theme here)
I believe I have a case for them to answer after speaking to ACAS they have asked me to get the legal merit of case. I have spoken to several advisers whom have said several different things.
To me the basis of the case :
- They changed my shift pattern before I had signed the contract then after I joined told me it would be 3 week cycles of day/night but still the 4/4 off/4/4 off pattern. This of course was not what we agreed and no one consulted me on this prior to me going on holiday and being put on the help desk alone with no training.
- I did not see my manager for nearly 6 weeks into the job as I was on nights and weekends for this time
- Raised to the MD and manager (who quit shortly after) that this is not on, a month of nights is a **** take and the answer I got "Well you knew this would be fluid as we tried to recruit" which nothing ever has come across my email or communicated to me this would be so. When I met with HR they admitted the consultation phase was done with the previous SD guys going to 24x7 but I was not included in these talk as I was not employed at the time.
-When I asked where our health assessments were prior to starting the night shift HR repleid "Well how are we supposed to do them before?" Which is exactly what the law tells me - "Employers MUST offer a health assessment before starting a night shift" - This was not offered, it still has not been offered after a panic attack, after working excessive night shifts under duress with no support from the company.
-The company has not outlined its new pay structure in writing, merely verbally by the MD whom deliberately obfuscated what the change was going to be. This new drastic change to the rota has not had a new contract produced for this and we currently are working under the old rota.
- When I went to HR they played ignorant to my health issues despite my line manager and the MD being aware of the issues caused by excessive dumping of night work on us because the company can't retain anyone. (9 engineers have left a company of 35 in 6 months, with more to follow very soon)
So where is my legal stance on this?
I have not breached the WTR (just under) BUT I have been doing 12 hour night shifts, does anyone know what the law is around the average as it should only be 8 hours on average as far as I am aware.
