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?

What does your contract say? I work for a supermarket and we have a part in our contract saying hours can be moved due to needs of the business. Is it possible to move departments? If they are moving code checking across the company I highly doubt you'd be able to keep the same job role and work mornings when every other store is code checking in the evenings. In my store there's always vacancies on other departments, especially now with a lot of the younger staff going back to uni or college. You need to speak to your department manager or people manager and ask what your options are and do it fast before everyone else gets the same idea.

Well, can't, won't....
It depends how badly you need that job, really.

You have a few options; if you have genuine medical issues that would be made worse by doing evening shifts see your GP for a fit note to support you moving to daytime only.

Submit a formal request for flexible working to only early shifts , you list all your reasons for wanting this and if it's refused they have to give you a valid reason for this.

Ask if there's a different role you could move to that would only require early shifts.

If it's just that you don't want to do evening shifts and your contract says you will do any hours the employer needs then you don't have a leg to stand on really even with all the excuses in the world. You would be better off looking for a new job.
You could tell them you're looking at other jobs and they can decide whether they want to keep an experienced member of staff or just give you early shifts- but that's a fairly risky strategy!

If everyone is unhappy with the new shifts then it doesn't sound fair if they give you all the early shifts if there's no real reason to

You can get medical support that you are only able to do early shifts because late shifts damage your health.
It is then legal for Sainsburys to make you redundant if they have a business need for people who work late shifts. Same as if you were a bus driver and had a medical need incompatible with driving buses. They can look at their business needs to see if they have a need for an earlies-only role but if they don't have such a need they aren't obliged to create such a role for your benefit. In some circumstances scheduling you for earlies-only may be a reasonable adjustment but there are many legitimate scenarios that would enable them to show that such an adjustment goes beyond the reasonable.

Just look for a new job ASAP. Try a school maybe, as you are more or less guaranteed no late nights!

As I said on the other thread, I work for Sainsburys and my contract states specific days (from what I remember and I have lost it now). I also started on late nights and requested a change after a while to days but this was because I was a single parent to a nine year old and my eldest child off to uni, so no one could be at home. I then got a new contract with new hours. When I was asked to permanently swap a day (both day shifts) I was asked if I would but I could have said no.

I find this unusual behaviour from Sainsburys. How big is this store? We have changed the code checking times in the past but we just go with who is working at that time. I think you need to enquire with the CAB so that you know what is a reasonable request before you do anything else. I believe that it may be a breach of contract to expect you to change your hours this dramatically, because it is not on a par with the pattern of working you did before. Find out your rights first. In my experience, Sainsburys are usually more accommodating than this.

I manage a team and the only way we could honour this is if your reasons were assessed by and documented by occupational health. Otherwise it's just a preference, doesn't meet the needs of the workplace, forces everyone else into late shifts and isn't fair on the team.

Is that a whole job then just doing that ? Is it solitary work ? Do members of the public bother you as they want the reduced stuff ?
I’ve never ever found a job I thought I could do but if I was allowed to not wear a uniform and be able to go round a shop doing something like this in my own I’d be so happy

edited to add I have ASD ADHD and MH issues have never worked as can’t talk outside my house but this sounds like a job you can just do silently and alone ?

It isn't a 'whole' job as such. It's one job that needs doing daily in a department but you will not be employed to do that job. Whilst doing it you would have to interact with any customer queries directed at you of which there will be a lot! You can only wear your own clothes if you are a manager, but you'd still have to wear a badge identifying you as a store employee. The public do tend to congregate around you at times.

Exactly this. The worst is when someone applies for and accepts a role then spends their entire time trying to change what the requirements are , usually blaming illness and mental health to get their way. we just can't do anything without needing 'support' in this country.

I would think you need to be prepared to change your role. If reducing products later in the day means the company saves money, they are unlikely to be willing to change a process to suit one staff member. If it's the only role you are willing to do then you may have a problem. Contracts can change over the years in many industries unfortunately (to save money/make money) I get the impression your previous manager was able to be more accommodating towards your needs and found you a role that suited you better. As others have said you should perhaps speak to your union rep for guidance (and who should be aware of your contract and your rights) You can choose to go down the grievance route as stated in your staff handbook or whatever Sainsbury's use. It's harder for some people to accept change (I know that) but moving employers would mean a much bigger change, sometimes it's better the devil you know. Good luck

I have a feeling OP has been posting threads for a few years about hating having to do "yellow sticker" tasks.

No, they don't have to accommodate that. They are required to make "Reasonable adjustments". If they are changing everyone's contract, they could argue that it wouldn't be reasonable to have one outlier on a different shift. Getting a doctor's note saying you have a mental health issue does not give you carte blanche to get what you want.

This sounds a sensible approach.

There maybe other people posting on mn who are Sainsbury's employees with similar gripes tbh. Asda has been upsetting it's colleagues too according to a thread I saw, all retailers are looking at ways to change there processes and new management will change the workplace dynamic and upset some employees more than others

It's not a waste of GP's time if OP has a medical condition ( excuse ) that requires reasonable adjustments.

Jesus. What a waste of the NHSs time. Just leave! You do have some responsibility in your own life!

What type of contract are you on? Could you do it temporarily and ask to be moved to a different department as soon as an opportunity comes up? Are there any other supermarkets near by you could apply to? I work in an express store and was very clear from the beginning that I can't do the early shifts because of child care and it hasn't been a problem.

@Vettrianofan There's no need to quote the entire post.

How can working later besides not liking the staff be affected by medical issues?
I would be looking for a more happy or suitable work enviroment.
There will always be staff we do not favour, shitty hours.
Speak to your manager and see what can be done depending on your contract expectations.

Are you the thread police?👀