employment laws

[tweedledee]

guys my wife has worked in a nursing home for 14 odd years.i know she is contracted to work 36 hrs a week night shift which comes as 3x 12 hr shifts.she cansit down in january and mark out her rota for the whole year which allows us to plan hols and weekends away well in advance.management dropped the bombshell tonight that it was changing from the 1st september.this means that the wife only knows her shifts less than a fortnight in advance. does anyone know can they get away with it.none of the night staff are happy about it . any advice or thoughts??

[Themacclad]

you will probably find that in the contract of employment there is a clause that says they can change the hours/conditions at their discretion. I believe this is normal for most companies ................

[Cannon]

Unfortunately there's nothing you can do about it. They can give your wife one month's notice of their intentions to change the rota, and she has that month to adapt and make plans for it.

[Bagsy]

The contract appears to state the hours to be worked rather than the shifts. With this in mind, plus the notice given, it does appear to be quite legit.

[foxbuster]

Sorry mate but i believe your missus' employer is well within their rights to do this. As a shift worker myself, they only have to give you 2 weeks notice to any shift rota change.

[MM]

i wouldthink that unless she has a local agreement bargained in through her union, she is stuffed.

[Cookiemonsterandmerlin.]

Some of tha advice about is incorrect they can change the contract to whatever they like.

 

BUT must give 3 months legal notice to do so this gives the employee time to either adjust lifestyle of seek another job.

 

Regards OTH

[pigeonblasterian]

My employers have to give me three months notice of a shift change.

[Rubbish Monkey]

From a slightly different perspective

 

I was involved in a change to shift patterns that took people from a 9-5 pattern to either a 8.30 - 4.30 or 10.00 - 6.00 etc. As this involved an across site move and 200 people we went through a complete 90 day consultation period with all 200. This involved group meetings and individual meetings with all staff concerned to explain in detail exactly what was going to happen and how it affected them.

 

Three employees decided they didn't want to work this new pattern and they left. They then took the company to a tribunal for unfair dismissal. The case was awarded in their favour and were awarded £5000, £3500 and £3000 each.

 

Apperently it was awarded in their favour because the company had not provided them with a dummy rota.

 

So I guess they may or may not be acting unfairly but the only way to prove it is to jack and find out. Bit risky in my opinion. I'd ask for a meeting where concerns could be expressed (calmly) and maybe a compromise can be reached.

 

Hope that helps