What to say to explain I can’t do late nights

[Klonc]

In a previous thread I mentioned I work for Sainsburys and half of my time is code checking. Sainsburys want to move the times to code checking (reducing food on the date or a few days before) to after 3pm.

I refuse to do these hours which I believe that will be 2-10pm. First hour will be going round the sections and pull off anything with that day’s date, then at 3pm start reducing them! Going to refuse to work these hours as I fought for years to get early shifts and 7 months after getting them. When colleagues were leaving and they did an early shift- I asked “could I take over (name’s Monday shift)? “You are required to do the late night” was the response. I will be working even worse hours.

The store manager has never seen me doing a late night as he started in May.

Working late nights affects my mental health. Plus get a better colleague when working early shifts.

None of code checkers are happy with the new proposals.

The thing my reasons sound like excuses for my manager who has upset many colleagues with his behaviour including me. I refuse to work these stupid hours. Plus I want to leave retail.

So what genuine reasons should I give for refusing to change my hours to go with Sainsburys new code checking system?

Your USDAW rep might be able to help you OP?

You could ask for an occupational health referral or provide medical evidence of your poor mental health. If it’s bad enough to qualify under Equality Act, they might consider keeping you on early shifts as a Reasonable Adjustment.

I agree with PP. Don’t mention “better colleagues” etc. It cheapens your case. You should also be prepared to do different work in order to retain early shift, such as being on tills.

Given you don’t like retail anyway, maybe see it as the push you need to find something else? Good luck.

They do sound like silly reasons. If you have a medical condition and need an early shift as a reasonable adjustment you need to say so.

If you just don't want to work 2-10 then start looking for another job if you can't change your role.

Unfortunately I know all about this stuff due to DH and his mental health deteriorating in his job. His line manager has had to make reasonable adjustments so he can carry in with his job. In regular contact with Occupational health.

Unfortunately I know all about this stuff due to DH and his mental health deteriorating in his job. His line manager has had to make reasonable adjustments so he can carry in with his job. In regular contact with Occupational health.

Please do not mention anything about colleagues, only discuss your mental health and how it will deteriorate doing late shifts.

You have been working there a long time so have some protection. Get some advice from your union rep, ACAS or even an employment lawyer. You will have accrued valuable rights working there for so long.

What did you agree to when you took the job?

This means what is in your contract rather than what is in your head.

You mention mental health but provide no information about that here, so I’m inclined to believe you are just trying to use it as an excuse.

Why not try to find another job that suits your ideal working pattern better?

Changed to hours will absolutely be covered in the contract.

If you have a medical condition they have to consider reasonable adjustments but don’t have to give you something totally out of line with the business.

I would be very surprised if you can avoid evening work entirely, in a supermarket setting.

I'd be unable to work late nights as I have a medical condition which is only managed by once a day medication which I take a 6pm. I'm unable to work or drive a couple of hours after this as it makes me drowsy.

You would be better off working in the warehouse sector. Specifically choosing early shifts only. It is also better pay.

You work in retail, flexible and non social hours are expected. What does your contract say? Unless it specifies early shifts, they can expect you to work a late shift without excuses.

My advice would be to find a job that ensures you only work in the early part of the day.

Firstly, you need to think about why, specifically, you believe you cannot work the later shift. Then, get evidence together to present to your manager.

Things like preferring colleagues on a different shift don't count. People still have to work with people they don't like or who they think aren't very good. Not liking the shift doesn't count. People have to do inconvenient hours at work sometimes.

A negative impact on your mental or physical health might count, depending upon what the impact actually is. Think about what, specifically, you mean by the shift being bad for your mental health. Then discuss that with your GP, occupational health and your manager.

Rather than going in with a demand to not have to do any evening shifts, try to consider what reasonable adjustments could be made. For example, if an issue is that a late finish means taking medication later, which then means over-sedation in the morning to the detriment of your ability to get in to work for a morning shift, a possible solution could be to have a rota that avoids going straight from an evening shift to a morning shift.

Do you have a diagnosed medical condition which affects your normal daily functioning? If so you be classed as having a disability. You could go down the occupational health route and have only early shifts as a reasonable adjustment, assuming there is work which you can do in the early shift

If you wanted a job that was earlies only you should have applied for a job that was earlies only.
Not taken a job that involved shift work and tried to change it to suit yourself.
Why don't you look for other jobs with the hours you want?

You need to go via occupational health and clarify your diagnosis and the exact effect of the late nights. Make sure they write a specific report. The problem is, these days so many people conflate mental health problems with ‘I don’t like doing this’, so you need to be specific I think. Many people hate night shifts. You need to make a clear and reasoned case. Good luck.

And start job hunting!

Doesn’t “get a better colleague” mean she’s referring to herself being a better worker on the earlier shifts?

I think she means SHE would be a better colleague...

If you are in a financial situation that means you can just leave - then leave.
Walk away and don't give them a second thought.
I have a relative who worked for Sainsbury's and it effected her mental health (not going to go into details for her privacy) so she had to walk away.

I'd be so embarrassed to be shown a thread. How about OP making bullet points from here?

So it's OK for everyone else's mental health but not yours sure get a doctors note they seem to give them for everything

How should I know?

OP said working late affects her mental health, so my advice is that if she has a mental health condition and evidence from her GP then she is entitled to reasonable adjustments.

That's the legal position. It's up to OP what she does with that.

@Klonc

You'd be better calling ACAS for proper advice or posting this in Work.

The problem with posting in AIBU is that the responses you will get will be mixed up with unrestrained opinions about whether they think you are right or wrong and won't necessarily have any foundation in fact or understanding of employment law.

People are being very bitchy on here towards someone suffering.
@Klonc please ignore the bitchy comments.
Some people just don't understand.

https://www.mumsnet.com/talk/am_i_being_unreasonable/5150873-want-to-leave-work-due-to-change-of-hours?postsby=Klonc

link to previous thread as the Op hasn’t come back to this one yet. From that I’m not sure it’s a mental health issue more a “it doesn’t suit me” issue.

It's not a waste of time. These are very unreasonable hours to suddenly be asked to switch to and have a big impact on any normal routine.