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Can anyone help my husband please

37 replies

Thatsveryniceofyou · 24/02/2021 08:05

My husband works for a major supermarket, has been their for over 10 years worked his way up on the logistics side to his current managerial role.

A new depot manager has come in and told my husband he has to do night Monday to Friday shifts 6pm to 6am permanently (bear in mind this role has never been nights in all the years my husband has been their and never a problem before)

My husband said I am willing to do some nights but as my wife has renal failure and has to be connected to her dialysis machine overnight I have to be at home to help her connect / disconnect and to deal with any alarms and problems (it's easy to lose blood and end up in hospital if you move an arm so the needle comes lose)

Basically the new manager has said well your contract says we can make you do what hours we like to get a job done and we've decided you're to do nights.

Now my husband thinks his contact may say something like that (isn't sure as has requested a copy from HR etc)

His employer has said they will not pay any extra for the role (surely you get extra for nights?) and if he doesn't agree he is in breach of his contract. We obviously don't want him to lose his job but we're very worried about how we will cope. We have a young child at home and dialysis in a unit is possible but wouldn't be effective for me as I need a long and slow dialysis and in units they're short and fast of that makes sense. My renal team have written a letter to support my husband in why he needs to be at home.

Does anyone know if what his employer is saying correct or would my medical situation be enough to stop him doing permanent nights etc

OP posts:
VanGoghsDog · 26/02/2021 19:55

It's direct discrimination, not indirect.

Margaritatime · 26/02/2021 21:17

Surely it’s indirect as it is discrimination by association.

VanGoghsDog · 26/02/2021 22:54

Nope.

Indirect discrimination is a totally different thing - it is where a practice or criterion disproportionately affects one group with a protected characteristic more than another. So, for example, saying all employees must be a min of six foot tall disproportionately affects women as far fewer are that tall.
Indirect discrimination can legally be objectively justified (in some circs) - direct discrimination cannot be (except for age).

This is direct discrimination by association.

Aurorie11 · 26/02/2021 22:59

Check your home insurance, if you have legal cover, you will probably get advice from an employment law solicitor

2021isalsorubbish · 26/02/2021 23:05

Honestly I’d email personally to the CEO - no major supermarket wants this kind of bad PR - daily mail would have a field day: ‘long serving employee forced to night shifts whilst wife with young baby on dialysis’

SpeakingFranglais · 03/03/2021 07:10

On a plus side, with a CPC and experience for a major supermarket he should be very employable.

DH has worked in transport for decades and getting the right staff is always a challenge, good operators and managers are in short supply.

SwanShaped · 03/03/2021 07:30

I hope ACAS help. His manager sounds like a heartless twat.

Thatsveryniceofyou · 03/03/2021 08:47

Hi all, so as it stands their isn't much we can do unfortunately. Acas said he can make a reasonable request but if the business reason is genuine and they said the target could be a genuine business reason. We are therefore going to put in another reasonable request for different hours on nights so he has a chance of putting child to bed, connect up my machine etc. So although they wanted him to do 6pm to 6am Monday to Friday we're going to request 10pm to 6am (he has an hours commute) and Sunday to Thursday so he is around for the weekend to get some play time in with the 3 year old, plus set a maximum time to agree to it - say 2/3 months where he will put systems in place and get the shift managers who are meant to be leading the night shift up to how the depot manager wants it. Luckily my husband has experience with systems and improving departments as he has previously been sent to planning to manage and turn around (took him a bout 3 months to do)

OP posts:
Thatsveryniceofyou · 03/03/2021 08:48

Unfortunately we think either way his card is marked, and as soon as he gets the CPC refresher passed we are going to start looking for new jobs

OP posts:
flowery · 03/03/2021 08:50

People need to stop saying he has the right to reasonable adjustments because of the OP’s disability, that is completely incorrect advice. The requirement for an employer to make reasonable adjustments is only in respect of an employee with a disability, not in respect of an employee who is associated with someone with a disability.

2021isalsorubbish · 03/03/2021 09:01

I'm surprised that after 10 years of doing day shifts you can legally turn them into night shifts.

Regardless, most big companies spend a fortune trying to convince us that they aren't just after our money, they care about the communities they serve.

I'd still write to the CEO and ask for their consideration for your unique circumstances

Margaritatime · 03/03/2021 10:11

Coleman vs Attridge Law eur-lex.europa.eu/legal-content/EN/TXT/?uri=CELEX%3A62006CJ0303

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