Work want to change erveryones' working hours - told we have no choice.

[stripeyknickersspottysocks]

Can they do this?

I currently work shifts in a hospital, mixture of earlies and lates which suits me fine for childcare as it means I can do the school run at one end of the day.

I do have a childminder for the other end of the day but she can't pick up/drop off from school so I have to rely on my mum to drive 10 miles to ferry my DD between the CM and school.

When I was employed 3 years ago I was told that it was a rotational post and I was to rotate between 2 wards. Fine, and thats what's happened. However the contract makes no mention of it been a rotational post, just says I'm employed in the capacity of a m/w.

Work are now saying that everyone has to rotate down to clinic - which is 9-5. Not only would that mean losing all unsocial pay (would be about £200 a month down) but it also means I'm going to have a bad childcare problem. My mum is 67 and doesn't feel she could cope with upping the amount of trips she does which I can totally understand. Even if she could do it, I'd have to pay the CM both ends of the day so I'd be spending more and earning less. Just don't think I can afford it.

Only got told this yesterday and there is a meeting today to discuss it. Help, is there anything I can say/do?

Arse, I've just found a bit of paper sperate from my contract that we were all given in the interview (but not have to sign) saying that the job can involve a number of shifts inc 9-5. Have they got me on that even though they verbally said the job was just on the wards and not in clinic?

We don't have a union rep at work anymore but I've rung the Head Office. I need an answer before lunchtime though!

It depends, there may be an argument that there is a custom and practice which is implied into your contract of employemt which means they may not be able to just do this, although this is often difficult to run if teh paperwork says otherwsie. Also the hospital can always change this is they consult and give you notice.

Your better arguments are based on indirect sex discrimination due to your childcare (The hospitals' policy imposes a requirement on you which is difficult for more woman than men to comply with (due to childcare) and which is to your detriment.

At this stage I would speak to your union, or another adviser, and then set out why you will seriously struggle with this arrangement. You should then consider whether to rais a grievance, but you need rl advise if you are going to go down this route as it will be difficult to achieve your aim if the hospital dig in or have good reasons to do what they are doing (they can justify indirect discrimination on business and or operational requirements).

oh an do explain your childcare situation in the meeting to get it on record whatever you do next.

Thanks for the advice, I managed to speak to a union steward briefly just before the meeting. She's going to ring me back this afternoon to see how it went.

I'll ask her about indirect sex discrimination, I think we could argue that if htey want to make us work shifts for 3 months, then 9-5 for a couple of months then shifts for 3 months it makes things very difficult. So thanks for that pointer.

Meeting wasn't very constructive, they've made their minds up on what they're going to do by the sounds of it.

Stripey - I am in NHS and having similar issues, we have been 'consulted' and are now at the stage of being forced to accept a variation to contract or face termination of employment, with an offer to re engage us on the new terms

It is all very infuriating and difficult re childcare, have got union reps on Friends and Family at the moment but it is impossible to get anywhere sorting it all out.

Can you apply for flexible working? just to specify you want either earlies or lates as you can sort childcare that way?

The problem is that although I can ask for flexible working the employer doesn't have to agree to it, they just have to consider it. I can't see me getting very far.

I have a copy of my application ready drafted to put in, in case I think it is needed.

Have you had a good look at the reasons they are allowed to turn it down? They are specific reasons, and part of my case is the fact at present i AM ALREADY WORKING WHAT i AM ASKING FOR - SO NO CHANGE TO MY COLLEAGUES ETC. oops caps.

I know they can decline, but they do have to consider it.

On the other hand, aren't there loads of people who would love to do clinic and 9-5 shifts? Couldn't people opt to do clinic? (Although it is probably quite boring in comparison to the ward)