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Shift Pattern Problems

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  • Shift Pattern Problems

    Hi

    Can anyone help with this please:

    I am contracted to 45 hours a week as a Maintenance engineer, when I took the job the shift pattern was laid out as morning shift (42.5 hours) and afternoon shift (45 hours) both of these shifts were Monday to Friday; on top of this we were required to cover one Sunday in three, in return for this we could take a day off in the week. Great reasonable deal.

    At time of interview I asked will we every need to work Saturdays or Nights, as I had been told that there was a Night shift and Saturday Shift, I was told no because there was no longer a requirement, and as such the engineer team was been reduced in size. To two engineers and one engin

    3 months later they decided there was need to run a Saturday shift (one Saturday and Sunday in three) to keep up the machinery maintenance whilst factory is empty. Obviously this was not what was original agreed, so after some discussion they re jigged the rota, to include more time off in the week. I was not happy about this and expressed this at the time but could see why it was required, so agreed to the compromised.

    Now they have alter the rota again, this time include a night shift, this mean that ever other week I work a night shift and also every other week I work a Saturday and Sunday.

    My contract says:

    Your normal hours of work will be 45 per week. You will be working a rotating shift pattern which will be provided by your line manager.

    Am I in a bad a place as I think I am, or do I have any room for negotiation?

    If you are contracted to do 45 hours per week can this be back to back, for example Saturday and Sunday off, work Monday to Friday, then work Saturday, Sunday, Monday, Tuesday, Wednesday, with Thursday and Friday off?

    Any help would be great.

    Thanks
    Tags: None

  • #2
    Re: Shift Pattern Problems

    Can I ask whether "Your normal hours of work will be 45 per week. You will be working a rotating shift pattern which will be provided by your line manager" is all that is stated in your contract about our hours of work?

    How long have you worked at this company?
    If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

    I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

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    If you have any doubts then do please seek professional legal advice.


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    • #3
      Re: Shift Pattern Problems

      Hi Ula

      Your normal hours of work will be 45 per week. You will be working a rotating shift pattern which will be provided by your line manager. This is all says regarding hours of work, there is a bit about opt out of the work time regulation and no entitlement unless agreed to time off inn lieu for overtime.

      I've been their for over 6 months and even though no confirmation has been given, I would consider my self to be a permanent member of staff.

      Thanks for your reply.

      Comment


      • #4
        Re: Shift Pattern Problems

        Thank you for your response to my questions.

        This clause does not contain any wording on the lines of "The Employer reserves the right to make alterations to the timing of shift patterns on reasonable notice", so they have not given themselves any protection to change the shift pattern by the giving of reasonable notice. They could argue that they have left it so loose by just saying "rotating shift pattern which will be provided by your line manager", however I would define this as being a rotation between the pre-determined shift patterns i.e. morning shift (42.5 hours) and afternoon shift (45 hours) both of these shifts were Monday to Friday.

        I think the fundamental question is how you feel about the job, can you work with the shift pattern changes they are looking to make?
        If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

        I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

        I do my best to provide good practical advice, however I do so without liability.
        If you have any doubts then do please seek professional legal advice.


        You can’t always stop the waves but you can learn to surf.

        You are braver than you believe, smarter than you think and stronger than you seem.



        If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

        Comment


        • #5
          Re: Shift Pattern Problems

          Hi Ula

          Thanks for your response, can I just ask are you saying that by the shifts and times been agreed when I first took the job that these are then treated as the agreed shift patterns and times, does it not matter that nothing is in writing down. I already know that employer believes they have the right to do this and they have put it down to this clause in my contract, I have confronted them about this stating that as you put it the term is very loose and that I felt they were stretching the use of this clause in my contract.

          Can I also ask, if I start to work the new shift pattern am I by my actions agreeing to the changes, could I start to work the new shift pattern but verbal stating that I do not agree to the changes and that further discussion will be required. I am at an in pass with my employer, as I feel that I can not allow another thing to slide.

          Once again thanks for your help.

          Comment


          • #6
            Re: Shift Pattern Problems

            If I am being very pedantic they should have put the details of your shift pattern in your contract of employment and given themselves a clause to be able to change this pattern giving reasonable notice. They haven't so lets deal with what we have.

            You were interviewed and took on the job knowing what the original shift pattern was, therefore by doing so you have accepted the terms of that pattern. When they changed them 3 months later it is clear from your post that you were "not happy about this and expressed this at the time but could see why it was required, so agreed to the compromise."

            If you start to work the new pattern then there is an implication that you have accepted the new rota arrangement, however I would suggest that if you do this, you make it clear in writing that they are working ‘under protest’. This means that you not agree with the changes and are only working them because you feel forced to. In that letter I suggest that you request that a meeting with either your manager/HR/more senior manager to discuss the matter and see if there is some way to resolve the issue.
            If you would like a one-to-one expert consultation with me on your employment issue than I can be contacted by emailing admin@legalbeaglesgroup.com

            I do not provide advice by PM although I may on occasion ask you to send me documents this way but any related advice will be provided back on your thread.

            I do my best to provide good practical advice, however I do so without liability.
            If you have any doubts then do please seek professional legal advice.


            You can’t always stop the waves but you can learn to surf.

            You are braver than you believe, smarter than you think and stronger than you seem.



            If we have helped you we'd appreciate it if you can leave a review on our Trust Pilot page

            Comment

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