Shiftwork

[brendandpp]

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.

 

[jopar]

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!

 

[bowell]

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

I am being made redundant, what are my rights?
Your employer should generally use the same redundancy procedures for you as for any other
employees. However, there are two areas where your employer needs to be careful not to
discriminate against disabled people and those with health conditions.

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

 

[jopar]

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!

 

[bowell]

What or who can change a contract of employment?

Either you or your employer might want to change your employment contract. However, neither you or your employer can change your employment contract without each other's agreement. Changes should normally be made after negotiation and agreement.

Changes to employment contracts could be made by:

agreement between you and your employer
collective agreement - this is a negotiation between your employer and a trade union or staff association

I

f your employer wants to change your contract

If your employer wants to make changes, they should

consult you or your representative (for example, a trade union official)
explain the reasons why
listen to alternative ideas

Changes can be agreed directly between you and your employer, or through a 'collective agreement' between your employer and a trade union. This might be allowed by your contract even if you're not a union member.

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

What could an employee do in these circumstances?
• The employee can accept the breach and continue to work under the
amended contract. Where an employee continues to work under revised
terms without objection, then in due course he or she may be regarded
as having agreed to the changes.
• Where an imposed change involves a significant change to the contract,
eg: a reduction in pay or alteration of working hours, an employer may
well be acting in fundamental breach of contract. Where there is a
fundamental breach, the employee may treat the breach as bringing the
contract to an end and leave the job. In such circumstances and subject
to having the necessary qualifying service, the employee will have the
opportunity to make a claim of constructive dismissal before an
employment tribunal. In coming to a decision the tribunal will take into
account whether the employer acted reasonably in all the circumstances
of the case.
• Alternatively, the employee may continue to work within the varied
contract but under protest, making it clear that he or she does not accept
the terms and is treating the change as a breach of contract
and dismissal from the original contract. In these circumstances the
employee will retain the right to seek damages from the employer for
a breach of contract and/or a declaration from the courts that the
employer must abide by the original terms. Subject to having the
necessary qualifying service,

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