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My rights to ask for a change in shifts?

10 replies

Immaculateconception · 27/02/2008 22:02

I am currently working on a 16 hour contract, but most weeks it is a lot more. For the last month I have been requesting a cut back in my hours on a two week basis. My partner works nights and needs to sleep to recover from the night before. I have been requesting to work a 9 -2 shift on the Monday and the Tuesday so I can pick the kids up from school and then work a 9- 6-30 shift on the Wednesday. My partner has just rang me from work saying that I need to get it sorted tomorrow as his work are threatening to take him to a disaplinary due to his sick leave in December. They have come to the conclusion he's not getting enough rest. Can my employer refuse my request?

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MotherFunk · 28/02/2008 01:19

Message withdrawn

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flowerybeanbag · 28/02/2008 09:25

immaculate if your contract is for 16 hours why are you doing more, can you not refuse overtime?

You do have a right to request a change in shifts, your employer doesn't have to agree if they can demonstrate good business reasons why they can't accommodate your request.

It's certainly not reasonable to expect your employer to agree or not agree at such short notice, there is a procedure you have to go through and they have the right to consider it properly, discuss it with you, discuss alternatives if your initial request isn't possible, etc

There aren't actually specified time limits for disciplinaries but it wouldn't be considered reasonable to suddenly decide something that happened 2 months ago needed a disciplinary. If they'd said to him at the time that they were going to do an investigation with a view to a possible disciplinary, that's fine, but if they suddenly decide to discipline him now that wouldn't be reasonable and he should appeal it. If they think he's not getting enough rest they should address that rather than discipline him!

With regard to your request, here is some information about flexible working, whether you're entitled to request it and how to go about it.

I'm not convinced about the tax credits argument tbh, your benefits situation isn't really their concern although if you have a nice sympathetic manager it might be worth having a word about that. I think marching in with evidence of that isn't going to help though. I think the issue is why are you not already sticking to your contracted hours? You need to have a think about that and sort that out as well as requesting the change in shifts you want.

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Immaculateconception · 28/02/2008 11:20

I do extra hours because they say I have too. We have 5 members, including myself, working during the week. When I went for the interview I explained the fact that my OH works shifts and that I would need to finish on every other Monday and Tuesday by 2pm, I was told that would not be a problem by the then manager. She then left and it has basically fallen onto me to do the extra shifts and it is now affecting my partner's sleep patterns. This is my next week's rota

Monday 11.30 to 6.30pm
Tuesday 9 to 6.30pm
Wednesday 9 to 6.30pm
Thursday 4.30 to 8.30pm
Friday 12 to 4pm, I have told them on this particular Friday I definiately cannot work as my partner finishes work at 8am and then is due back in work at 6.30pm and obviously needs to sleep.

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flowerybeanbag · 28/02/2008 11:28

Well if you always work more than 16 hours and have no choice about it, your contract should say more hours. Otherwise things like your pension etc could possibly be affected if it is related to your contractual salary rather than how much you earn.

But obviously if you are going to request less hours that's a bit of a side issue. Put in the request, if you have been previously told it's fine, it will be harder for them to say no.

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Immaculateconception · 28/02/2008 16:02

Have spoken to the Deputy manager who said that she would talk to the manager when she arrived at work at 12. I have yet to hear from them. I said that I was only asking for the Monday and the Tuesday of one week to finish at 2pm, the rest of the time I was able to work whatever they wished, within reason. I am now worried that they are going to say no. My OH says that because of the fact they have done it for other women at work, they should do it for me, and that it would actually cost them more to hire another person and then train them. To me though their silence looks as if I'm going to have to write my notice.

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flowerybeanbag · 28/02/2008 16:15

Not necessarily. YOu've only asked verbally so far. If they say no to that you can put in a formal request using the procedure I've linked to. That way they'll be forced to consider it properly and come up with decent business reasons why they can't do it. If they do it for others it will be hard for them to say no if you request officially.