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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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My manager has changed my off duty, giving me no notice. This

Resolved Question:

My manager has changed my off duty, giving me no notice. This alters a routine off duty I have worked for over a year. Where do I stand, as I cannot alter due to appointments built around my off duty. I work night duty in a care home.
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. How long have you worked there for?

Customer:

Just over a year.

taratill :

Does your contract state specifically what your off duty times will be?

Customer:

Not specifically except night duty. I have just finished 6 night shifts and should have been off for 4, but now I am in another 3 without a break.

taratill :

What reason does your employer have for making this change? Also what reason do you have for not being able to do these other shifts?

Customer:

I have an appointment mid week and would not be able to keep it as I need to sleep. No reason given for changes to me, but new staff have started band they now doing my nights.

taratill :

sorry to press the point but is the appointment for a reason related to your health?

Customer:

Dentist hygienist as I have gum disease and need regular cleaning.

Customer:

My point really was to ask, is she within the employment law to just change my off duty without giving me any notice or reason?

taratill :

ok thanks. The main issue for you is that with under two year's service you have limited employment rights. Simply put if you complain about this to your employer you can be dismised for any reason. The exception to the rule would be if the decision acts to discriminate against you contrary to the Equality Act, i.e. on the basis of your race, sex, disability, age, for raising a health and safety complaint preganncy or religion.

taratill :

If you had been employed for more than 2 years the position would be different in that your employer would need to have a fair reason to take action against you and could not do so about raising a complaint about the shifts.

taratill :

That said the change in shifts should not result in a breach of the Working Time Regulations. You should be given adequate rest breaks. The minimum should be 24 hours in a week period or 48 in a fortnight.

Customer:

I have recently put a complaint in about the last manager, that was upheld, and I do think there is a pre justice against me. I have never had a complaint raised about me or my work standards. I am a Senior Care Assistant of 20 years experience.

taratill :

Hi I understand that and am sympathetic with your situation. If through custom and practice you have always worked those shifts you can argue you are contractually entiteld to work them and should have been given notice of a change in terms. However the problem you have is that if you complain your employer may choose to terminate your employment and you would not be able to claim unfair dismissal due to your length of service.

taratill :

It is really up to you what you decide to do about it. I just need to advise you of the risks attached to complaining before you have adequate service for full employment rights.

Customer:

This manager does not know me well as she has only been there for 2 months.

taratill :

well it is probably worth expressing your dissatisfaction with the situation.

Customer:

Thank you Jenny. Looks like I am in a no win situation and I need a job. Years ago my old manager would have met with us and ASKED if we could change, giving us the reason, and we would have done as it would have been for the benefit of the smooth running of the home, but more importantly to meet the needs of our residents in our care. Had this been the case here I would not be asking the question, and would just do it. Not really what I was hoping to hear.

taratill :

I completely understand where you are coming from. It is good manners to consult with staff before making changes. Unfortunately though UK employment law does not protect people with under 2 years services. Recent governments have been steadily eroding employment rights and this is the result I'm afraid.

taratill :

That said perhaps if you just mention your difficulties to your manager they will be sympathetic.

taratill :

If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

Thank you Jenny. Do unions have any weight in these matters?

taratill :

They can do, in all honesty though it depends on the relationship between the union and the employer so varies to a degree. If you are a member of a union they can help you to raise a grievance, particularly if they know others who are treated the same way.

Customer:

Thanks again. Well I will just have to cancel my appointment as I only have this week's Rota, not been given next week's as yet. Another change. We have worked the same 2 week format for a year. Regards ***** *****

taratill :

I do hope you can resolve this. All the best with it. I would be grateful if you would take the time to rate my answer as I am not otherwise credited for my time.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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