changing my shift without my consent

[captainkirky]

hi i work night shift (have done for many years) in a warehouse and my mangers have hinted that they want me to go and work onto days. apart from the loss of income, i have to pick my kids up from school and look after them in holidays, so it is not practicle . i would be forced to leave . the contact of employment says im contracted to do 40 hrs but no mention of which shift. so i know if they wanted to they could ,but what rights do i have ? human rights / constructive dismissal etc.

[puddicat]

Hicaptain! as you say they contracted you to 40 hrs but i am afraid you have no say how they distribute the hours, as long as they are still offering you 40 hrs i think they are within there rights sadly! you might try your union if you are a member for advice and maybe they could speak on your behalf

[captainkirky]

i already know this , but surely this is wrong . i work nights for reasons outside of work ! im not a member of a union as anyone who tried to get who was a union member didnt get a job so its a non starter there

[Stu Dent]

Captain, I'll look into this further (unless someone else comes up with the answer).

My preliminary view is that you have a case, especially if you are the principle carer for your children. If so your employer must try to accommodate your circumstances. But still, at the moment, your employer has only hinted that change may be afoot. So hang fire for the moment. If you are notified of any planned change you should raise a grievance.

The fact that your terms and conditions simple state 40 hours is not a problem. Since you have worked constant nightshift for many years there is an implied agreement that your hours are constant nightshift.

[captainkirky]

great reply thanks. stu they are threatening us with this in order to get more performance out of us you see. as they have stopped all our grace breaks and this the only thing they left to put leverage on us

[Stu Dent]

Have a wee look around the ACAS website, Captain. I will get to you in a few days, (i'm working for the next few days)but you may find some helpful advice on there - including your rights to breaks.