Company changing length of shifts

[VivaLeBeaver]

Have heard that this is likely to be happening - going from 8 hour shifts to 13 hour shifts.

Contract states that we agree to work 8 hour shifts or "other shift patterns that may be required".

My contract is for 22.5 hours a week (3x7.5 shifts). If I do 2 shifts a week even with a 30min break then thats 25 hours a week. What if I don't want to work 25 hours????

We've worked these shifts for the 9 years that I've been there and before that as well. So people have childcare, etc based round those shifts. Is that any arguement?

Viva, I used to work in maternity too and had exactly the same thing happen to me. This is a good leaflet to look at. IIRC they can ultimately do it, but they must consult staff and give you notice. If you don't agree then they can still bring it in but you are able to disagree and potentially claim constructive dismissal.

In my case the change went ahead in the end and it meant I changed from working 3 shifts a week to alternating between 2 and 3 shifts. I would guess in your case then your shifts would be 12 hours with a 1 hour break and you'd be expected to do 2, with your contract changed to reflect the extra hours.

I was surprised to find that I actually preferred the longer shifts and would now choose them in preference to the shorter ones because you basically do your hours over a shorter time and don't do as many shifts which psychologically feels much nicer! Some people did have problems with childcare, but I think we all managed to sort something out in the end.

Thanks daisy, useful leaflet. I suspected they'd be able to do it.

I do like the idea of working less days. But im worried about been able to concentrate/be safe for 13 hours. I doubt wed actually get a break as we dont often now as its so busy/noone to relieve us.

Those were the same concerns as we all had. I don't know what the situation is now as I've left, but what was supposed to happen, was that there was a member of staff reserved to relieve people for breaks. This did seem to be the case, but on a really busy shift I suspect in all likelihood this midwife would just get shifted on to normal duties.

I definitely think it's a legitimate question to raise.

we're just coming to the end of our first year of shift changes. the consultation period was very thorough and involved direct roadshows with those affected.

we ended up with 4 shifts per week - 2 long days and 2 short days for the equivalent of 37.5hrs with breaks added (we just did our 7.5 and went home previously).

the result was every full timer worked the equivalent of 6 x 6.45hr shifts over four days instead of 5 x 7.5hr traditional shifts. For the trust it saved money as there was no need to recruit and saved WTE salaries.

staff are happy, initially not but now value their breaks, enjoy the consistency throughout the day, love the fact they get 3 days off a week.

downsides have been that sometimes the short days (6.25 worked hours + 1/2 hr break) is too short, also if have to attend training a short day is rostered but then training may require 7.5hrs attendance. Another downside has been the removal of afternoon handovers and there not being a "glut" of extra people on the "traditional" crossover hour - therefore, staff meetings etc have been affected as they don't include as many people as possible but rather a selection of the team.

As one service we've stuck to this pattern but other services (ones that I would equate to a busy delivery ward or post-natal ward) have found the change difficult and as a result the team members work either the traditional pattern or the new pattern. But with that the managers were still expected to find the savings from elsewhere.

I didn't have anyone to consider other than full timers when we changed over. But had i had a 22.5hr contract, i would have discussed a long day (13.5 inc. of break) and two short days if no flexible working contract was in place at time of consultation. If it had then i'd worked around that and not increase working contract beyond the 22.5hrs as that's not what this was all about.

Looks like we will have no choice but to suck it up anyway. Hopefully it will be better than what I imagine.

I can't tell you with any certainty what the legal position is likely to be, without seeing your contract of employment. It seems that your employer wants to do 2 things - change your shifts and increase the number of hours that you work each week. Here's some general advice.

The fact that you've worked the same shifts for a long period of time means that, whilst your employer may change your shifts, it needs to give you reasonable notice of the proposed change and consult with you. I am fairly satisfied that the employer will be acting lawfully in those circumstances. The increased hours may be a different issue, if such a change is not anticipated in your contract. Having said that, if there is a genuine business reason for the change, your employer is likely to be reasonable in making the change, subject to consultation and notice. It will also help your employer's case if most of the other employees are happy to make the change.

I would advise strongly against resigning and claiming constructive unfair dismissal without first taking legal advice, as such claims can be very difficult to win in these circumstances.