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Shiftwork

Discussion in 'Jobs and Employment' started by brendandpp, Jul 16, 2011.

  1. brendandpp

    brendandpp · Newbie

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    My emoloyer has decided that all staff will be going unto shifts,I have been working on day shift for the past 23 years,the company nurse has said that as I am on insulin she would recommend that I do not work shifts,however my manager has stated either work shifts or take redundacy, can he force me to work these shifts.
     
  2. jopar

    jopar · Well-Known Member

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    Under the DDA your employers have to make reasonable adjustments to accomandate your medical condition..

    What shifts pattern are they saying you have to do?

    If the shifts are just day shifts then really you haven't got an excuse to play the can't do card, as even insulin diabetics can adjust/work around days shifts (I used to do verious shifts ranging from 7am-10pm)

    Night shifts are a different ball game, and yes for insulin users very difficult (not impossible) now here 'Reasonable' will be very dependant on the size of your company more than anything, if it's a large company then it would be reasonable expectation that they can keep you on day shifts if the impact of being a staff member down is able to be adsorbed!

    But if it's a small company where staffing level's are small, and each member of staff has there own job within the shift, the impact of being a member down would seriously impact on that shift, then letting you off nights could be considered unreasonable!

    If it is found to be unreasonable, then the firm should if possible offer you a position in another department where you medical condition can be better accomandated.. If this isn't available then they are in their right to terminate your contract due to medical reasons!
     
  3. bowell

    bowell · Well-Known Member

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    Ask to see HR
    Also your Union Rep
    letter from your GP or DSN would help also asking for OP Health Assessment

    Ask HR for OP Health Assessment
    Ask for H&S Risk Assessment do they have one in place now ?
    go and see CAB

    You have rights your hours or pay can not be changed with out agreement from both sides
    Diabetes UK Advocacy pack Loads of info for you print out and hand over to HR
    http://uk.sitestat.com/diabetes/web...ts/Advocacy/Employment_Advocacy_Pack_2010.pdf

    YourEmploymentRights
    http://www.direct.gov.uk/en/DisabledPeople/Employmentsupport/YourEmploymentRights/DG_4001071
     
  4. jopar

    jopar · Well-Known Member

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    Bowell

    Your hours of employement and shift patterns can be changed without your agreement, if your employers ask you to change your hours or shift patterns and you refuse then all they do is give you a 1 or 3 month written notice of changes in your contracted hours/shift patterns...

    Your employer can effectively cut your pay as well, they can't change the hourly rate for you job, but what they can do is give you a 1or 3 month written notice of reduction in your hours, or do what my husband company done, give you a 1% pay increase (he hasn't had one for 2 years) extend the next pay review to 18 months, and stop paying Bank holidays at double time,as my husband work in the care sector, he's works every monday, as part of his rota... So his pay cut has been cancelled out completely and minused! And that was his first pay raise in 2 years!!!!

    The other way of reducing pay, is recontact you into another position with lower pay!
     
  5. bowell

    bowell · Well-Known Member

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    I
    Ref:
    http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10028079

    ref Acas Advice leaflet - Varying a contract of employment
    http://www.acas.org.uk/CHttpHandler.ashx?id=316&p=0
    Phone number Free Helpline for Acas 08457 474 747

    Ether way best to get some professional help likes of a Union CAB or Acas you may have free legal help on yor house insurance or bank account


    Edit to add Acas contact number
     
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