change of shifts

[lukavT]

Hi, I want to know what are my rights in regards to this:

I was working for a company for about a year then our services got subcontracted to another company . I do have a contract who I was told under TUPE is getting with the new company under the same terms. However later on there were some changes mainly with shifts and time of the day. i.e. I do not want the night shift -22-1 o clcok

the contract terms were as transfered initially (with this company 3 hours per week then it became 5 hours per week with the 3 hours (unsociable hours 22-1).

What can I do to get a daytime shift? (worked for the company close to 2years)
I am asking before I speak to the General Manager ( supervisor and not the General Manager wants me to do this weekend 12-3 in the morning?)

[Sidfish]

Re: change of shifts

As you have not been employed for 2 years you can not make a claim for constructive unfair dismissal. i would advise you to raise a grievance and argue that your contract, (unwritten on the times that you work) has been changed. Sadly if they say you have to work the new hours and you leave you will not be able to make a claim for constructive unfair dismissal due to your length of service. in the event that you have been employed for longer than 2 years then you can make such a claim. however, i would take more advice before taking the decision to resign.

[des8]

Re: change of shifts

If your contract only sets out the number of hours you work, your employer can change your shift patterns.

However you do have a statutory right to request a change to your working arrangements (including shift patterns) to allow you to work in a way that better suits you.(Flexible Working Regulations 2014)
Employers have to handle the request in a reasonable manner.
That means it has to be considered properly and refused only for certain business reasons such as detrimental impact on quality and performance, ability to meet customer demand, demands of the work flow etc.

Also why do you not wish to work these hours? eg if you are a working mother you may be protected by anti discrimination legislation