HR Advice, employer changing days I work without notice or consultation....

[Lotkinsgonecurly]

I was wondering if someone would be able to give me some advice.

At a local special needs boarding school run by a large national fairly high profile charity, I work alternate Sunday nights, but without any consulation or notice this has now been changed to Saturday nights. The new rota is due to commence on 6th June and I was notified yesterday.

I've emailed my boss and the Head of the School, who have responded the changes are purely down to cost, apparently everyone has to take a turn in covering Friday & Saturday nights. But as I have just alternate Saturdays, I would be happier with adding some Fridays into the mix, and or taking a salary cut and working week nights.

I'm not really sure how to respond from here as they seem to be presenting it as a fait accompli rather than anything that can be changed from here.

My contract states that I will work 10 hours per week on nights specified by the school, but I would counter that argument that some prior notice or consultation is necessary when bringing in changes like this.

I do think they are trying to get people to resign and save some staff costs but have nothing concrete to back that up.

Could someone let me know what they think?

I've just spoken to ACAS and they've said that you need no notice to change days of work if it only stipulates hours in your contract. That's really crap, anyone know anthing more positive?

anything.

Sorry, but given what they have said in the contract, and that the changes are not happening until 6th June, and that they are happening for a genuine business need, I am not sure you have much to go on. If you have worked the same Sunday shifts for years then you could potentially argue that you are relying on implied contractual terms, rather than what is explicitly written in the contract. You could also potentially build a case if it is only you who has to change and that you are being singled out or victimised in any way, or if you know that other people have been allowed to refuse to switch shifts in some circumstances but that they have changed the goalposts in not giving you such a right. But even is one of these apply, my gut feeling is that it might not be enough. Have you asked them to look at alternatives for you?

I would suggest that you come up with an alternative suggestion that involves compromise on both sides to demonstrate that you are trying to be flexible yourself in accommodating their needs.

how long have you been doing theses shifts??

Google "custom and practice" as I feel it is relevant in your case