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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6390
Experience:  15 years experience of advising on employment law matters
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I am an Ambulance technician with the local NHS trust and

Resolved Question:

Good afternoon, I am an Ambulance technician with the local NHS trust and currently working a day / late rota and have done so for 6 - 7 years, I have been employed for 17 years in this post. The trust is now changing our rotas and hours and are forcing me to work nights. I used to work night shifts prior to the current day late rota, but had difficulties staying awake and other health problems so was put on the current shift times (mutually agreed with the trust at that time) Since then the Trust has merged with another and will no longer uphold the current agreement. Can they do this?
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.

Hello my name is ***** ***** I am happy to help you today. Are all staff being asked to work these new shifts?

Are you being given notice of a change of terms and conditions?

Customer: replied 1 year ago.
The whole of the service is going through a review. We will be given 90 days notice of change. In my case the service ti disbanding our team.
Expert:  taratill replied 1 year ago.

Ok thanks what is the nature of your health concern that prevents you from working night shift?

Customer: replied 1 year ago.
I have been known to fall asleep while driving on night shifts, I gained weight to an unhealthy level due to the shifts - I have recently got back to a healthy weight and proper eating routine. I also had a poor immune system - picking up colds, D&V on a regular basis prior to working days and lates.
Expert:  taratill replied 1 year ago.

Ok it does not seem that that is sufficient to argue that you are a disabled employee for employment law purposes unfortunately as there needs to be a recognised impairment.

In this situation unfortunately the employer is entitled to change terms from time to time, even if they are less favourable. This is particularly the case if there is a business need to do so. Provided you are given adequate notice (12 weeks) then there will be little you can do about it if you choose not to accept the new shift pattern.

The suggestions that have been made do meet the legal requirements in this area.

I realise that this is not the answer you wanted to receive and do think that you should raise a grievance on the impact of this on you and patient health and safety. I would hope that they would agree to make you an exception.

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

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