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Employment Advice anyone?

11 replies

PeachyClair · 17/04/2006 18:24

Hiya

My DH has worked for the same company for almost three years. He was hired on a 4 on 4 off shift system, but they put the hours in his contract as 5 / 2 just in case.

He worked 8 - 7 on this pattern until 18 months ago, when they went to a 5 /2 for six weeks, it failed dramatically and they went back to 4 / 4. A new manager was taken on three months ago in a mistake (mistake 1: two people thought it was their job to hire so they now have two preople in the role coompeteing which makes for a nice atmosphere: 2? it has since emerged her past emplyer is pursuing charges of theft). Anyway, she put them on to 5 / 3 three weeks ago, Dh was to work 7 - 4. We weren't please as it costs us extra in bridge tolls / petrol. When he went in last week he was told they'd rescheduled him for a new shift pattern..... 7 off none off 6 - 7. [shcok]

OBV not happening. So they now have him on 5 /2 working different shift patterns: 7 - 4 one week, 11 - 8 the next.

however, he was given no say at all, and indeed he wasn't supposed to work this weekend but they gave him two days notice and he had to as none of his amangers were willing to do it.

The thing is, on the later shift pattern, we can't cover childcare. Our eldest is being DX's with AS at the moment, and Social Services have told us we can't send him to childcare as he is violent. DH asked if they cold change the shift, they said no. yet they allowed one of his collaeagues to change on the basis of his scoial life (girlfriend wouldn't like it), and another as he has teenage kids and can't get to the bathroom before bed if he goes home later. both do the same job as him- they all cover- and asked after.

he has to raise this again tonight. if we can't sort I have to give up Uni if he can't get another job int ime for the new term (and it's a limited job amrket).

is there anything we can use to back our claim? can they change conditions so often wothout notice? And is this not a case of discrimination? Is it worth going to Personnel (based elsewhere) if he hfails to get an answer from manager?


It seems silly for them to blow my employment chances (I need this degree) when the company is for sale and the contract only has a year to run, so making redundancies likely in twelve months time.

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PeachyClair · 17/04/2006 18:28

(sorry for typing mistakes! I get worse and worse the more I type)

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PeachyClair · 17/04/2006 18:48

Repeated bumps as Dh has to call bos (today is his one day off) at 10.30 tonight.

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PeachyClair · 17/04/2006 19:45

.

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RuthT · 17/04/2006 20:47

I am sure it all depends on whether the changes to his working hours are classified as reasonable.

GIven that part of the reasonable test is the notice they provide and impact on him, whether he can actually work them I would say he has some case.

Sorry, I can't follow the whole thread as the 4/4/ 5/2 business doesn't mean much to me.

Did they consult with the employees and union over the changes, were they proposed? If they have moved from custom and practice and contractual hours then I think they have not met with thier side of the contractual agreement.

First steo is for him to see his boss and explan concerns over being able to meet the new shift system. Also to raise concern that it does not meet with either custom and practice or contract (if this is the case).

If there is a union I would go to the shop steward and check on thier view.

If there is no union and the manager does not respond I would go to HR/Personnel.

It is not discrimination if the same change applies to all employees on the same shift.

Worst case scenario is that he could say the constant changes in shift are making it impossible for him to work, in fact untenable and they are constructively dismissing him .... but this is way way down the line.

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clerkKent · 18/04/2006 13:03

Yes, it is worth going to Personnel - this is exactly the sort of thing they are supposed to sort out.

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PeachyClair · 18/04/2006 13:04

sorry, by 4 /4 5/2 I meant 4 shifts on 4 off, and 5 shifts on 2 off.

They have exempted several of his colleagues for personal reasons that are tosh- eg the teenagers hogging the bathroom- and as such only he is working these

there was no oyice given at all

no consultation, and there are no unions as all union leaders get mysteroosult sacked....

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RuthT · 18/04/2006 19:39

Has he talked to his boss yet?

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PeachyClair · 18/04/2006 20:19

She said he can come in at that time tonight but wouldn't discuss further.

As we have two under 6 as well, he is applying for flexible working as well. That seemed a legit approach to the whole situation. They've never dealt with family problems before... his amanger leaves two under 13's unattended at night rather than fuss. Personally, I'd rather lose everything, some p[eoples choices make no sense though do they?

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PeachyClair · 19/04/2006 00:11

\link{http://www.mumsnet.com/Talk?topicid=9&threadid=165379&stamp=060419000958\ oh no!}

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RuthT · 20/04/2006 20:54

Heavens above!

How big are we talking on the companies front - it it FTSE 100? If it is they probably have a whistleblowers line - may be called something else. Call it.

If not get the name/number of the top HR person in thier division/business unit then call them.

Failing that call the CEO, you won't get him/her but you will get swift resolution.

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PeachyClair · 20/04/2006 21:10

Not FTSE but how can I explain... um.... I can categorically guarantee that everyone on here uses them knowingly or not. They're huge, international, Dutch (if that's a clue) and orange

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