Is this an unreasonable change to my working hours?

[twistingmymelon]

Namechanged!

I work nights, 10-6. I specifically applied for this job with these hours because DH works very long days/odd and irregular shifts, and these hours guaranteed I could work pretty much any night of the week. I do one set night plus one or two nights overtime.

Changes to the daytime rota are being mooted at work, and this entails changes to my working hours. The changes proposed are for me to work 8pm-4am. This will make doing the overtime shifts very tricky due to the time DH gets home. I'm also none too thrilled about driving home at 4am. There are other issues wrt night shift cover but this is how it specifically affects ME rather than how it affects the business model.

I am also concerned that when the impact on the business model becomes apparent, they will try to implement a longer night shift. 8-6 I could handle but a 12 hour 8-8 would be unworkable and I would have to leave.

My contract specifically states these hours. Where do I stand if they try to make me change them? WIBU to fight these changes (especially as changes are being made to make day staff happier)?

I don't know! Sorry can't help but I am on here because I am on a night shift and you lot are keeping me company.

Twisting - I'm really sorry, I don't know. I would hope they couldn't just do that, but I suspect 'with notice & good reason' they probably can. I'll keep my fingers crossed for you that they can't and hope someone is along soon who can advise you.

I think you can refuse to change your hours but be prepared for there suddenly to be no job for you in the new business model... It's shitty but if everyone's hours are changing and you need to keep your job you might have to suck it up a bit.

It's likely that there'll be some way of making the change if they need to. I'd be inclined to make sure you put your point over clearly and rationally as soon as you can. I presume there are more day people than night ones, and it looks as though they're just after an early finish.

I employ a couple of night people. The last thing I'd want is to have them leave as it's a difficult shift to cover. I agree with you that the new pattern is awful. That puts you in a strong position, I think, so long as you have your say early on.

AFAIK they can't force the change on you if your hours are specified, as this would be a change to your contract, to which you'd have to agree.

The trick is, if they know you're likely to be difficult, they could just make you redundant, stating that your specified job within the company no longer exists, which may or may not be something they would do. How long have you been there?

Here's the catch: If they go through redundancy procedures, they may be able to offer you the new job and then, when you refuse, say you're being unreasonable to refuse and you won't get a penny of any redundancy money you are entitled to.

Your best course of action is, actually, to cite the business model. Speak to your line manager and say... 'I believe that there are some changes being planned. I need to state that I would struggle with what is being proposed AND CAN I ALSO SAY that I don't believe a 4am hand over is in the best interests of the business. I honestly think it would make recruiting and retaining staff very difficult. There is no public transport at that time, which would limit the pool considerably to begin with, and there might be health and safety issues with asking staff to travel into and from work in the middle of the night, particularly at weekends. Is there any truth to what I'm hearing, and if there is, what's the correct format for me to raise my concerns formally?'

If you appear helpful, rather than bolshy, you'll get further. If you go in all guns blazing now, acting on rumour, you'll only make your managers irritated. Save he guns for later, if you need them.

It sounds complicated as it looks like most of your hours are overtime rather than your basic hours, you may have rights with your basic hours but I think the picture is muddied with overtime.

Have you posted in the 'Employment Issues' section? That's where the HR experts hang out and will be able to advise

I think you'll find your employer can change shift patterns and expect you to follow - but only if the change is 'non-substantive'. You could successfully argue that what is being suggested is 'substantive' (hours stated in contract and I think night shift attract a greater degree of consideration) and therefore you could refuse and still be entitled to redundancy if they wanted to push the change thru anyway. I believe overtime is considered contractual if it's been allowed to happen regularily for more than 13 weeks - 'custom & practice'. I also think there are health & safety regs about not starting morning shifts before 6am. Anyway I should suggest you contact your union - and if your not in one - join ASAP - who will be much more up-to-date than me. Good luck - I know night shift workers always seem get the bum's rush