Refusing Night Shift Work on Medical Grounds

[Trunkee]

Hi I am new to this forum & wanted to tell you a little about my situation:

I am an agency worker having worked for two London Borough Councils working unsociable hours including weekends & bank holidays, on a rotating shift pattern between 12 & 13 hour days & nights. The average shift with travel for a round journey pushed the day to a 15-16 hour day / night. On the 1st contract of 4+ years I complied with this contractual requirement. On the 2nd assignment I had agreed with Management that on medical grounds I can only work day shifts. I have been able to swap night shifts to accommodate days shifts as there is a mutual arrangement between other agency based colleagues whom have a preference to work nights due to the premium rates applied. I am due to have a interview for my current role employed directly through the Council. The contract stipulates that it is a rotating shift pattern between days & nights, which accrues a 20% shift allowance for unsociable working hours including weekends & bank holidays. I am happy to cover as long as I can work day shifts permanently & swap my night shifts to cover the days without losing out on the shift allowance. Up to this point I have been earning significantly less than my colleagues anyway as a result of working permanent day shifts. Existing employees in the same role with this Council have been denied the privilege of swapping between a preference of day & night shifts.

I would like to know if I can be forced to work night shifts? Would I need to produce a letter from my Doctor stating that I should be exempt from night shift duties?

Your advice would be much appreciated.

[ULA]

I would suggest that if they have advertised the job as shift working then they would be looking for someone to meet those requirements as set out in the contract.

You may be able, at your interview, to ask whether a request for a reasonable adjustment related to a disability could be considered. This would need to be supported by medical evidence, setting out that due to your condition you can only work days,

[Trunkee]

Ok, thank you Ula. I will negotiate this at the interview as I have additional skills based on my work experience to assist in a different role the Council have a vacancy for. So I may be able to use this to my advantage if I can be flexible. Alternatively, I will discuss the matter with my GP to issue a letter on medical grounds to support my application.