change of shift rotation

[smadge]

hi

just wanting some advice, at our place we work 42.5 hours a week and management have decided to change our shifts so that we may have to work 9 days straight.
work are saying that we have signed a waiver which means if the business needs to they can spread these hours however they want, is this right as i already do 1 week at 7days straight and dont think i can cope doing more than that.

thanks

sam

[teaboy2]

Re: change of shift rotation

Sounds they are referring to the 48 hour maximum week (per 7 days work) opt-out when they state the they have a waiver, which i assume is in the contract?

Regardless of if said opt-out is in your employment contract or not, you have the right to cancel your opt-out, by writing to your employer stating that you are cancelling your opt-out to working more than the 48hr maximum per week, and will therefore not be working more than the maximum of 48 hours per week.

To be certain where you stand in relation to the changes in shift and hours, we need to know precisely what it is they are proposing, i.e. hours per week, days off per week etc.

Off course the change of your hours may likely amount to being a change to the core terms of your employment contract. Which you have the right to refuse to, in writing, to work such new hours or inform your employer, in writing, that you are working the new hours under protest. If they change your contract without your agreeing to such changes then it is a breach of contract, and you may resign and claim for constructive dismissal - Though resigning should not be an option and is not something i would recommend or advise.

How many days where you currently working by the way?

What does you current contract state, regarding hours per week and days per week? Is there a clause that allows them to force you to work the same hours but over more days, or force you to work more hours up to and or more than 48 hours per week, over more days per week?

Ask them for a copy of such waiver signed by you, if it is separate from your contract, and post it up here, minus your personal details. That way we can see exactly what this waiver actually is.