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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6339
Experience:  15 years experience of advising on employment law matters
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My employer wants to change my rostered hours. I have worked

Resolved Question:

My employer wants to change my rostered hours. I have worked this rota for at least 12 months. This will drastically affect my social life. What rights do I have in refusing this change.
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. How long have you worked there in total?

Customer:

10 years

taratill :

Are you the only person whose shifts are going to be changed and what does your contract say about hours of work (i.e. does it give set hours or say that they are liable to change?)

Customer:

yes I am the only person involved. I do not have a copy of my contract to hand

taratill :

so are you the only person who actually works your role or are other people doing the same shifts as you not being asked to change their shift pattern?

Customer:

I am not the only person performing this role, but I am the only person on this shift pattern

taratill :

So are you being put on the same shift pattern as everyone else now? What was the reason you were doing an alternative shift pattern?

Customer:

No I will still be the only person on this shift pattern. because it suited me and my employer. I cover the late shift in a D.I.Y. store, currently I work 12-6pm on a Monday and 2-8pm tues - Friday. The change my employer wants to make is for me to work 2-8pm every day.

taratill :

So in effect it is the Monday shift that will change? Has the employer asked if anyone else is prepared to work it?

Customer:

No

taratill :

Sorry was that no to it being just the monday that will change? or no to asking if anyone else is prepared to work it?

Customer:

No one else is involved

taratill :

Ok, so to be clear the change in shift does not suit you because on Mondays you have other arrangements?

Customer:

Yes that's right

taratill :

Ok have you ever, in the ten years you've worked there been required to work a Monday and could someone else potentially do it? (I'm not asking if they would want to just if it is possible).

Customer:

Yes occasionally I have worked the late Monday shift to help out in emergencies, yes there are several other staff who could do it

taratill :

Ok have you raised your concerns about this with your employer already? If so what was the response?

Customer:

I was told that I would receive a letter informing me of the changes and that there was no redress

taratill :

well that is not reasonable. I would suggest that you raise a formal grievance to state that it amounts to a change in terms and conditions and that it is not reasonable for you to be singled out to do this shift when others could also be asked to do it. If your employer forces this change on you it would amount to a unilateral variation of terms and conditions and is unlawful. At the very least you should be given 10 weeks notice of a change in terms and conditions.

taratill :

You should state that you consider that this amounts to a breach of trust and confidence and that if they insist on doing this you may have no alternative but to bring a claim in the employment tribunal.

taratill :

Hopefully by raising a grievance your employer will be reasonable and consider other options such as requiring other people to work the late shift.

taratill :

If you have any further questions about this please do let me know.

Customer:

Thank you for your advice

taratill :

No problem, please remember to rate my answer as it is an important part of the process and do come back to me if you need further advice in the future.

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