Work issues contract, etc can they do this.

[Mum2oneds]

Hi.
A few things. Basically I work for a large retail company in hospitality. They are looking at changing everyone's hours and possibly days due to people leaving and new positions they have to fill. I have said I am pregnant and also have a child and would not be able to change my hours and days. I was told it's tuff.

I work long hours with breaks but the tea break of, 15 mins isn't enough as the tea room is 5 min away so by time sit down. Quick cereal bar and down again. It's no time to rest or eat properly and I'm struggling.

I have also found out I should be paid for appointments etc. However they u paid me. OK so only two hours but still I don't want this happening again
And finally they have done no risk assessment. I use chemicals. Often clearing tables or the kitchen on my own at lunch periods it's just too much.

They do know I'm expecting I'm only 8 weeks but drained and I kinda get the feeling they don't believe me how shattered I am and exhausted.

I would phone ACAS just to be sure. Sound like they are taking the piss out of you.

How long have you worked there?

What are your contract terms with regard to hours?

Are the suggested changes temporary as a business need prior to taking on new staff?

Quite a lot depends on the contractual status of your hours.

If it's written in your contract/ addendums etc. then your hours can't be changed unilaterally (without your consent) This would be breach of contract and you could take action.

However, it is more typical that they won't be written down. If you've been doing the same pattern for a long time without review/ challenge then they may have become implied into your contract through 'custom and practice'. Again, you'd be looking at breach of contract, but more difficult to prove.

The employer has 2 real options if the hours are contractual. 1. Press ahead and risk challenge or 2. Dismiss and re-engage (everyone). Number 2 is pretty nuclear, but does happen.

Courts will sometimes also consider how substantial the changes are and how many others have accepted the changes.

Check for a change management policy, which may cover some of the changes you mention.

On the risk assessment issue, is there a policy?

Also, whatever you end up with hours wise, if you've worked for the company for at least 26 weeks, you can make a flexible working request. You also need to have not made such a request in the last 12 months.

The employer has to consider your request and if they refuse, give you written statutory reasons as to why. You can appeal if you think it's unreasonable.

I assume you get more than just the 15 minute break? Legally, if you work more than 6 hours your entitlement is to one 20 minute break during the day. Breaks can be unpaid.

More than this is usually a bonus, excepting some health and safety concerns (e.g lorry drivers, those using vibrating equipment etc.)

I do bang on 6 hrs. I told them today I am having more as it's my legal right. As well as the risk assessment..
I have worked there for 17 years with a few yrs break. I've been doing my hours for 5 years. School hours.

Sorry to bring bad news, but there's not usually any legal entitlement to a break unless you work over 6 hours.

The risk assessment though, is part of Health and Safety legislation. If you have problems with getting one, then it's the Health and Safety Executive who can help you.

To be brutally honest, 6 hours isn't all that long a working day, so I'm not convinced an assessment would change much on that front. Pregnancy is unfortunately exhausting...but temporary!

With regards to your working hours, 5 years is likely enough for custom and practice to apply. This is even more likely if the school hours were agreed to help you. You'd need detailed advice though. If I were giving this, I'd need to see your contract and anything in writing that confirms the school hours.

OK so this afternoon. They did my risk assessment. As work in the hospitality area of the store. So around chemicals, heavy lifting and very fast paced work. Have set out the do's and don'ts etc.
I already get a 15 min break but as it's so far to get there.. 11 flights of stairs. Etc. I barley get 5 min to eat. They have agreed that in fact I can have 30 mins now. As if I ate breakfast before sch run at 7 am. Then went to work no time to eat and not home till 4pm it's a long time without a proper lunch. As the drive from work leaves me with 5 min to spare each end of the day / school run.. Before being pregnant it didn't bother me as would eat a quick cake or crisps but that's obviously not that nutritional lol
Now awaiting to see what's happening about changing hours. As I literally can't change other than what I do. Due to DS school and Step Daughter. I can't even change the days or the weekend that I do due to childcare issues so we shall see. I won't go down without a fight

Also it was Acas who I formed me of the entitlement to longer break, need of a risk assessment and the fact I should get my appointments paid. Not unpaid like they did. Xx

Sounds like your employer has been pretty reasonable after a discussion, so hopefully things will work out well.

ACAS are definitely the right people to talk to for advice about most employment things. Employment law is so complex that even the smallest detail can sometimes change advice, so it's easier for them to help you in detail after asking lots of questions, than it is to give advice over MN for example. I sometimes spend hours with people when I'm being paid for this stuff!

HSE are the actual enforcers of anything Health and Safety related though, so if an employer refused to do a risk assessment for example, they are your people.

The .gov.uk websites are good for basic employment law guidance. Here's their info around breaks (the six hour rule etc.) for future reference: www.gov.uk/rest-breaks-work

Good luck!

Here's the info on pregnancy rights: www.gov.uk/working-when-pregnant-your-rights

Contract changes (if your working hours are indeed contractual): www.gov.uk/your-employment-contract-how-it-can-be-changed/getting-agreement

Here's the ACAS info on rest breaks: www.acas.org.uk/index.aspx?articleid=1373

Obviously, you'll be able to find all sorts about your other issues on this site too. Sometimes it helps to read their guidance before you call them.

Maternity Action is also a good website and they are very helpful.