Forced to change my days at work.

[PiperIsTerrysChoclateOrange]

I work set days which was agreed with my manager when I came back off maternity leave 8 years ago.

Had a meeting last week and another one tomorrow.

I know they can do this as my contact doesnt specify days just hours.

If I don't agree I will have 13 weeks to find another job or my contact will be terminated.

The reason is because it no longer fits in with with the nature of the job.

Union said there is nothing I can do also acas.

What's the point in all these policies if an employer can basically force you to change hours worked.

I used to work on a four week rota and the nursery I used easily accommodated me. You could have a fixed or flexible option. We paid for the flexible option. I also worked some weekends and on call when DH covered childcare.

I think it's a bit presumptuous to expect any employer to work around your social life especially DC's birthdays, a friends wedding and your anniversary. Other employees have lives too with or without children and they manage their social calendar according to work.

Changing Rita's are a fact of life in many lines of work. It is perfectly normal for people in retail to work different shifts on different days, so that people get a mid of early and late shifts, with no week being the same as the one before. Lots of women with children in these jobs. Other people are asked to work overtime that day, to come in both days at the weekend etc. having your shifts a month in advance is quite organised compared with the shifts some of my friends do.

It's not great. I do overtime everyday and also worked three weekends in a row last month because the business required me to. And yes, it was difficult and I was shattered, but that's what work is like these days.

When you were granted flexible working it was a change to the terms and conditions of your employment which is still valid.

Have there been any negotiations regarding shift pattern changes?

An employer cannot unilaterally vary the terms of an employee’s contract of employment relating to working days without facing the potential risk of a breach of contract claim or a claim for unfair constructive dismissal.

I would go back to them and explain that you have made all your arrangements until the of August based on your current working pattern and would the agree to honour the days you can't work until then?

Depends how reasonable they want to be about it? Certainly worth asking.

What is the legislation about unpaid parental leave if you have a dc with SEN, does he receive any disability recognition?

I have very little qualifications and there would be no way I would get another job that pays so well.

I can't afford a drop in money.

It's NHS so it's to do with a new system they have.

Ds gets dla also he has an official Dx with a statement of SEN

I have booked these holiday's

What are the rules about unpaid parental leave and disabled dc? I'm thinking it's not for under 5s then - so you could potentially take some unpaid parental leave during the next few month?

I think if you show willing that you are happy to go with the new rota from September but you need some consideration of when you can't work for the next few months then that would be reasonable adjustments???

The employers have said accept or leave within 13 weeks.
Unions and ACAS have advised this is legal.
Given that, unless posters are employment law specialists and drew up OPs NHS contract it's probably not particularly constructive to give her false hope that she alone can be exempt from conditions that apply to all the other members of staff. The NHS will have an HR Department who advise on these sort of matters and if the union has already been involved they will know the whole story and be advising from an informed point of view.
One person refusing to work the rota over the whole summer is going to put unfair pressure on everyone else, who are equally entitled to holidays.

One person refusing to work the rota over the whole summer is going to put unfair pressure on everyone else, who are equally entitled to holidays.

Completely agree with this. I also completely disagree with the poster who mentioned inequality due to parents having childcare to sort out.

I'm also nhs and lots of our services that were typically mon-fri are now 7 day. The change period is hard for those having to endure it. Sadly, the new working patterns aren't ideal for some staff. I sympathise, it can take a while to get used to but change is in the nature of the organisation we work in.

I think you may have been ill informed if you thought your agreed hours were permanent and you MUST have seen this coming- the trend towards 7 day services is years old. I suspect you've had your head in the sand.

I work a fixed rota with fixed days & times however there has been the odd time when my shift has been changed. As long as i get a bit of notice i dont mind. I have it easy compared to some of my colleagues who dont know what shifts they are working week to week. Now that is a nightmare for sorting childcare.

I think OP is getting a bit of a hard time here. Most people would be upset about hours changing from 3 set days to "could be any time". However, if Union and ACAS say that the employer is entitled to impose this change, I think OP probably has to accept it

Your employer is within their rights to change your working pattern as your contract stipulates the amount of time not days worked.

OP yes this is legal that they can give notice that they wish to change your working hours.
However one thing which has not been mentioned is your position regarding your DC who is disabled. The varied shifts has an impact on them not just because of general childcare but because of their disability being related to routine and the need fir that.
Instrongly suggest that you seek advice from Acas and the union if you have one on this particular point. It's a potential DDA/Equalities breach to disadvantage someone associated with a disabled person for that person's disability so by putting you on a rota they are disadvantaging your disabled child who cannot cope with a varied routine. Please get advice on this, hope it helps

I work for the nhs. If you have already put in you request for annual leave for your holidays then surely you won't have to change that. I do sympathise. I work 3 days also and have been lucky that I can fit my job around childcare. I would feel upset if this changed but then when there is nothing you can do about it you either have to accept it or move on.

I agree that your holiday should be honoured.

I agree that because you have a child with special needs you need to review the advice you've received - the Equality Act applies to people caring for people with disabilities, not just those who have disabilities themselves.

And I also agree that a 4 week rota is madness - how on earth do you get to attend a wedding or go on holiday if you can never plan more than 4 weeks ahead? Why can't people work fixed days including weekends? I worked in a library for a year (not open Sundays but open Saturdays) and we worked on a fixed two week rota which covered all opening hours. So we knew exactly where we were in terms of what days we'd need to book off. I can't see really why the NHS would be any different - you know how many people you need on a given day bar emergencies (when presumably they'd just call everyone in who was available to come in) so you structure the rota accordingly to include weekends. So then you know that you have to work every 4th Saturday or every 3rd Sunday or whatever. Having a rota system like you describe is going to drive people out of the NHS.

Definitely go back and negotiate some more.

All I suggest that the op ask was whether she could not be rota'd to work Mon & Fri during August - still means she can work weekends.

I thought that if something had become the normal for a number of years whether written in your contract or not then that verbal agreement did actually become binding? Isn't it something like 2 years? The op has had these working conditions of fixed shifts for 8 years!!!!

Verbal Contract Changes
In many cases an employee may not have a written contract; the employment contract may just be a verbal one. However a verbal contract of employment is a legally binding agreement and verbal changes to the contract should be agreed between employer and employee and adhered to.

Breach of Contract
If an employer is changing a contract and consultations have been made but an agreement still cannot be reached, the employer should not simply make the changes. The employee can claim that the employment contract has been broken and take the matter to the civil courts or an industrial tribunal. These changes will usually be major ones towards the terms and conditions of the contract such as cutting pay rates or changing hours of work.

In some cases the employee can claim that these changes have been unfair and have forced him or her to resign. They can then claim unfair dismissal and take the matter into the legal arena and sue for damages. An employer and employee agreement should always be reached if the changes to contract are fundamental ones. This will save any conflict between the two and avoid any legal issues.

Having a fixed shifts was a verbal agreement that has now been held for 8 years, this is a major change - I would go back to the union again especially if they are not willing to be flexible in the short term.

Not working Mondays or Fridays during August will impact negatively on the rest of the team and could be viewed as setting a precedent for all staff.
OP has consulted her union and ACAS and has given no reason to suppose she has not told them about her son. We also do not know if other team members also have children, children with SN, are carers for elderly relatives etc. this decision to switch to. 4 week rotas affects the whole team, not just one person and they probably aren't thrilled about it either.

We had the same thing with dd. It was taken to HR and basically the employer can change the hours as they want. Dhs booked holidays were honoured. The thirteen week period allowed us a bit of thinking time, as a result I left my job to work for less money but be there for childcare and dhs shifts changed. It left a bitter taste in our mouths and we now question everything dhs boss suggests and make sure its in writing. His hours have just changed again but my agency work means my hours are super flexible now.