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Can an employer impose any shift times?(6 Posts)
Dh place of work has been through restructuring process and he had to reapply for his job. He also had to select 3 from a choice of shifts in order of preference.
He was successful in the interview and given his first choice of shift working Mon-Fri daytime (as he has always worked since he started there 14 years ago). He started the shift this week but is now informed that he has to work one Sunday in three and a number of evening shifts on a rota. This will make things really difficult for us.
According to his employer they have the right to impose this as it says in his contract that employees 'may be asked to work unsociable hours as necessary'.
Does he have any rights to protest this?
Yes, the employer can change his shifts if the provision to do so is in his contract.
He can ask to do days only and see what they say but he can't refuse to work the unsociable hours without breaking his contract. So no, he doesn't have the right to refuse and retain his job.
I should add that having to reapply for his job has meant that he now has a new contract so what he has or hasn't done over the last 14 years is irrelevant, I'm afraid.
His best bet might be to see if there is some sort of compromise he and his employers can come to.
Yes they can
I deal with this all the time with my team....'I can't work such and such time'
Oh, well I usually work blah blah....so? At interview stage they state 100% available!
He has some rights has he received a new contract? What was said in the interview? If his contact is continuing then depends what it says, obviously a new contract is negotiable. Lots of variables including industry, shift patterns and hours worked.
Thanks for the helpful replies. He signed the new contract before they told him about the different hours. It didn't state the new hours in that contract or in the original one come to that. At the interview he confirmed the shift patterns he had applied for and nothing was said about working other hours - it is a very standardised interview to keep it the same for everyone.
He works in a University Princess. He phoned ACAS and they suggested raising a grievance. It just seems very wrong to put some vague statement in a contract and then use that to force him to work a completely different shift pattern from the one he was told he had got.