Anybody know about shift working and legalities of it's patterns?

Dano · 19 Oct 2010 at 00:55

Currently working part time, two shifts a week at a local garage and have been working the same Saturday and Sunday shifts for around a year, told my manager about four or five months ago that I'd like to drop the Saturday and pick up a Tuesday instead. Got to work this Saturday to find I've had my Sunday shift moved to the Tuesday which is not only not what I asked for (and he knows this) it's also really really bad for me.

Now I know that when I tell them I don't want the change I'm going to get the whole 'you don't have set shifts every week' speech, which in my case isn't true. I came off night shifts directly onto the weekends which was agreed at the time and other than covering for people occasionally I have had the exact same shifts since I came off nights.

I seem to recall that there is some amount of time after which you can expect your current hours to become your contracted hours if they haven't changed, is there something similar for the pattern of shifts?

Trying to google it but my goole fu is weak tonight

Angilion · 19 Oct 2010 at 04:52

The exact terms of your contract will matter. For example, I have clearly defined contracted hours. My employer can change my hours to suit themselves anyway. The contracted hours just means they technically have to give me 7 days notice of changes they're imposing on me, as opposed to no notice at all.

Fortunately I have a very considerate employer. They don't jerk me around and I go out of my way to be flexible for them. I know places where you turn up at the beginning of the week to get your hours for that week, whatever they decide to give you.

Legally, it comes down to the terms of your contract of employment.

mame · 19 Oct 2010 at 05:01

If you work somewhere that is shift based (as I do) you will never get away from this.

Fr0dders · 19 Oct 2010 at 05:06

I work shifts - my contract says that i work a rotating shift pattern of 4 12 hour shifts with no pre defined hours. I do 2 x day shifts of 7am to 7pm and 2 x night shifts of 7pm to 7am with no days mentioned

your contract is key here

If it states you work 2 shifts, and doesnt specifiy them or a working week, they are well within their reason to change what shifts you do.

JBuk · 19 Oct 2010 at 05:13

Angilion said:
The exact terms of your contract will matter. For example, I have clearly defined contracted hours. My employer can change my hours to suit themselves anyway. The contracted hours just means they technically have to give me 7 days notice of changes they're imposing on me, as opposed to no notice at all.

Fortunately I have a very considerate employer. They don't jerk me around and I go out of my way to be flexible for them. I know places where you turn up at the beginning of the week to get your hours for that week, whatever they decide to give you.

Legally, it comes down to the terms of your contract of employment.

MrLOL said:
I work shifts - my contract says that i work a rotating shift pattern of 4 12 hour shifts with no pre defined hours. I do 2 x day shifts of 7am to 7pm and 2 x night shifts of 7pm to 7am with no days mentioned

your contract is key here

If it states you work 2 shifts, and doesnt specifiy them or a working week, they are well within their reason to change what shifts you do.

There are also somethings called implied and assumed contracts whereby if you have worked for example 6-2 for a year then it can be assumed that is your shift even if it states differently in the paper contract, that's how I understand that to work anyways.

Fr0dders · 19 Oct 2010 at 05:48

Not heard of that

Best bet is to wrong Citizens Advice Bureau in the morning. They'll be able to advise better.

Dano · 19 Oct 2010 at 10:27

JBuk said:
There are also somethings called implied and assumed contracts whereby if you have worked for example 6-2 for a year then it can be assumed that is your shift even if it states differently in the paper contract, that's how I understand that to work anyways.

That's where I was coming from, having done the same two shifts for about a year. I sent them an email and will see what they have to say. To be honest they'll probably be fine about it I'd just like to have some way of backing my stance up.

Pookie Bear · 19 Oct 2010 at 10:37

Try giving ACAS a call (08457 47 47 47). There may be grounds for arguing custom and practice with regards working patterns, but your basis for dispute may be limited depending on your contract terms.

Badgi · 19 Oct 2010 at 10:43

TBH, if you contract only states hours to work, then I doubt you'll have a leg to stand on, regardless of how long you've been working those 2 shifts.

Most contracts these days have something in them saying something along the lines of "we have the right to change your shifts as we see fit", obviously not in those words.

Unless of course you negotiated your contract upon starting work with that company?