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taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6430
Experience:  15 years experience of advising on employment law matters
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I work for the NHS and is appears they used their organisational

Customer Question

I work for the NHS and is appears they used their organisational change policy to impose 1. a pay cut, 2. the addition of an on call rota to prop up a shift system. Basically they knew if they took the shift allowance they would not get staff to cover so forcing staff to cover by working over time. The employer did a consultation for changing working pattern-same pattern and on call. Is the employer obliged to change my contract? I was contracted for a set payment for working a set shift pattern.
Is there a legal definition for unsocial hours, out of hours, normal hours and shift workers?
Where do I stand legally with regards XXXXX XXXXX action if I do not agree with the terms and conditions? I was given no documentation to say that my contract had been superceded. I feel I have been ill advised by my union rep and ACAS are assisting with conciliation at present. The employer has a rostering policy that states there should be headroom to allow for sickness, holiday, maternity and training. If it is a proper shift system can they use on call to prop it up?
Submitted: 4 years ago.
Category: Employment Law
Expert:  taratill replied 4 years ago.

taratill : Hello my name is Jenny and I am happy to help you today. How long have you worked there for?
JACUSTOMER-ca44na1k- :

I have worked for the NHS since November 1999. I have been in my current post since November 2008. I was paid a set amount (CPP payment) for working a rotary shift system. Agenda for change out of hours pathology was protected until March 2011 when it was subject to change. The JNCC agreed that staff worked unsocial hours and gave us a year transition to agree a new rota. We signed to say how our transition payment was to be paid-100% for a year or 50% for 2 years. On the signed agreement it stated that the trust gave assurances following transition Agenda for Change conditions would be met. Instead transition was extended for 3 months and a consultation was done only with the staff working the CPP rota. The consultation was about working patterns-we were given the same pattern back but cover was to be done ie compulsory over time. There is no provision for sickness and annual leave except someone works over time. I know things become complicated with unions but should a contractual supplement be given if the pay was changing and the shift pattern remained the same? Or would the consultation on working pattern also include a change in pay. The consultation document did not give any information about payment. Can this be classed as illegal deduction on wages?

taratill :

Is your contract subject to a collective agreement whereby your union can negotiate wages on your behalf?

JACUSTOMER-ca44na1k- :

Staff thought so, but it may have already happened by the JNCC (joint negotiating and consultative committee). They decided our pay rate was to be changed with a new agenda for change rota. However when a partial agenda for change rota was agreed it needed additional staff and cost more than the CPP system. So a consultation was done-work the same shift pattern for less pay and on call to prop up shift system. ACAS stated that a consultation was not a negotiation! So its appears the pay is not something that can be negotiated on. Staff feel cheated and mislead and duped into taking a pay cut. Is there a legal definition of a shift system?

taratill :

I think to properly advise I need to see your contract. Please could you attach it to this thread?