Contract Difficulties At Work...

[EllieJP]

Hi there,
I have a 16 month old baby boy and work full time, my partner also works full time.
We both agreed with both employers our contracts regarding childcare. And we have our routine down to a t.
He works nights on a Sunday, Monday, Friday and Saturday. On a rolling rota.
I work, Wednesday, Thursday, a short shift on a Friday, Saturday and Sunday (my parents take care of him at the weekend)

Now, his employer is trying to alter his contract to become fully flexible, threatening him with if he can't become fully flexible, he has to drop down to a regular staff member as opposed to the Team Leader. with the odd shift here and there, one night on, one off, 2 on, 1 off etc.. Meaning he'll stand absolutely no chance of being able to look after our son. But it will also mean messing around my own employer with shifts, which is already difficult as it is...

I've been told about some new government legislation that came into place not too long ago.. Where do we stand on this?
If me going part-time was an option, i would! But sadly it isn't...
To many bills, debts and more bills to pay!

Any help would be greatly appreciated.

[boxtops]

It's the right to REQUEST flexible working which is fairly new - but the employer doesn't have to grant the request. Have a look here http://www.acas.org.uk/index.aspx?articleid=1616

[EllieJP]

But he has a contract already that fits us perfectly.
If they're trying to force him to change it, what's the point in contracts in the first place?

[boxtops]

Because they are allowed to, if they need to change patterns of work in order to accommodate the needs of their business. They have to consult with your hustand about any proposed changes in contract, and outline what will happen if he doesn't agree - which they are doing.

If I were you, I'd have a word with ACAS on their helpline, to get the latest info - it's completely free to use.

[EllieJP]

It's so unfair!! They've not had a problem with him working every single weekend before! If I have to give up work.. We won't be able to pay the bills! They want people to work yet they *** people around like this! There's no wonder so many parents live on benefits!!

[boxtops]

Unfortunately the employer has the upper hand - your husband works to meet their business needs, companies can't design their workforce to meet every individual employee's needs.

What's the reason they are giving him for wanting to change his working pattern? What size company is it, does it have an HR department he could talk to, is there a union - are others affected by these proposed changes?

[factor-fiction]

A good employer will try to accommodate requests but at the end of the day the needs of the business will come first. It is not unusual for contracts to have to be changed to reflect changing circumstances

[Old_Geezer]

I can sympathise as it always seemed unfair to me that the employer can change things to suit then but the employer can only request at best. I've fallen 'victim' to that on a few occasions, it's never in the employee's favour. But as folk have mentioned the employer's first priority is the business, the contract is supposed to be mutually beneficial; and if one can not agree one has the option of moving to another employer.

Not to be harsh but if one lives just within one's budget this sort of thing is always a risk. The drive for efficiency leave no slack when circumstances change. Are you sure you can not reduce living standards for the duration until things get better ?

[EllieJP]

The reason why we're having so much difficulty is previous debts! We're living on bare minimum, we can't even run a car at the moment... They're claiming it's business needs.. But nothing has changed there.. They're just changing contracts.. Nothing at all has changed regarding the business. Nobody wants to work weekends.. Yet he does all of them.. If he's not doing them.. Someone who doesn't want to work the weekends is doing them! It's beyond silly! It suits everything just fine as it is...

[factor-fiction]

It seems the employer doesn't think it suits the needs of the business. Good luck with trying to get what you want but I think you've been pretty lucky so far to have arrangements which suit you both so well.

[tamborine]

Employers are not responsible for workers domestic lives. Maybe your parents can help more, tis for the benefit of their g'kid.

[Peter Pedant]

.

Ellie you arent getting much change from this lot ( ABers)
You have said in the question - that you both agreed your contracts with the employer regarding child care.

This means it is part of your contract.

I think a visit or call to ACAs may be warranted - the idea is that if they agreed a contract and are changing it so that you are forced to resign because of it, then you have a case for constructive dismissal.

[boxtops]

Equally PP "we both agreed with both employers our contracts regarding childcare". Childcare's not usually part of an employment contract IMO - you can ask for specific shift patterns but the employer doesn't have to give it. I don't know what sort of business Ellie's partner works in, but I agree, I think they have been accommodating thus far.

Ellie, you say the business doesn't need to make changes - clearly it does, unless you know more that you say about their future business planning.

Can you look at your debt to see if it can be managed more cheaply (unless you have already) e.g. loan-term loan, adding to your mortage, etc.)?

[factor-fiction]

I'd be a little surprised if it could be considered as constructive dismissal, PP, if the employer can demonstrate business needs, has gone through a consultation process and gives appropriate notice. The husband needs to discuss options and perhaps try to meet the employer half way- I don't think he can just say he agreed those hours X years ago and wants them to remain for as long as it suits him.
But someone like Buildersmate may have some thoughts and may convince me I'm wrong

[buildersmate]

Since I know Boxtops is well-versed in this area and had covered off the key points, I've just sat back and watched, thus far. However.....

There is no surity to getting one's way over this. The best bet is to follow the process of raising a grievance over the employer's proposed action. The employer should then follow an appropriate process that should end up "justifying" their proposed change against at least one of the eight criteria contained in the link in boxtops first reply. Read down through the article to find them. Your partner should bring to the table for the grievance discussion all the flexible things he has done, like being willing to work the weekend shifts when others won't do them.
The outcome should either result in the employer agreeing with the grievance, OR REJECTING IT ON ONE OF THE EIGHT VALID REASONS. IF the employer fails to operate the correct process, your partner may then have a case to take the issue back to ACAS, and the employer might then be persuaded to back off, because of the implications of a failure to deal with the grievance properly.
The partner should take notes of face-to-face discussions he has.
The "nuclear" option discussed above, resigning and claiming constructive dismissal, is not to be preferred, as you don't get your job back, just money.
That's my best offer, I'm afraid, and as I said at the start, it might not work, but using a grievance process should not result in long term damage.

[themas]

As something of a side issue it seems to me you need help with the debts. If you are (as you imply) paying quite a lot of money on them it will impact severely on your ability to reduce working hours & have a worthwhile standard of living.

I suggest you contact a free (not a fee charging) debt advice organisation. You could go to your local Citizens Advice Bureau or ring the Stepchange charity.