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Original poster

Unfair or AIBU?

13 replies

yan79 · 14/12/2021 19:36

Long story short I work for the NHS in a clinical environment. I've worked there a couple of years. Before that I worked in the NHS in a different clinical environment for 16 years. I had to leave as I'm a single parent and couldn't commit to out of hours work and on-calls. The job I took (and what I do now) is 8-6 and no weekends or unsocial hours.

I work part-time. 2 x 10 hour days and a 4 hour day. (8am-6pm and 10am-2pm). During the Covid pandemic I've been fortunate enough that my job has been possible to do from home (telephone clinics have taken the place of face to face)

We're now starting to phase back in to going back into the hospital. A couple of weeks ago my manager contacted me to say that my long shifts must be done in the hospital but my short shift could be done from home. (All fine)
Today (after being off work sick for a week) and not even speaking or having any contact with my manager re this (no return to work, no checking I was ok, why I was off etc) I have received an email from her telling me that she can no longer accommodate my short shift and we have to revert back to hours we did pre-Covid. Now. When I started employment (which was actually 7 months before Covid was a thing) I did exactly the same hours. In fact, the hours that I do were the reason I took the job (as I said I'm a single parent so worked great for me) I haven't responded to her email yet but she's basically told me I either need to increase my hours to make this a 8 hour day or drop the 4 hour shift altogether.
I don't want to increase my hours, and I can't as I don't have childcare (that's why I do the 4 hour shift) and if I drop the 4 hour shift I'll loose £280 per month (which I can't afford) it will leave me unable to pay my rent or some bills.

I don't quite know what to do or even think. I'm really upset and worried. A friend has told me that this is a case for constructive dismissal but tbh, I don't know.
I've joined a union this evening which I should have done a long time ago and I'm going to research the hell out of my rights.

I don't know if what's she's proposing is fair or correct or I'm just being unreasonable tho Kik oya unfair for her to ask me to change my hours.

Sorry for the long read x

OP posts:
JohnNutLips · 14/12/2021 19:45

I’d start off by pointing out that your hours/shifts now are the same as pre-Covid and ask her to confirm she’s not proposing a change.
Are your hours in your terms of employment/contract?

Original poster
yan79 · 14/12/2021 19:48

She knows they're the same as pre Covid. I work for a very small team and she's the only manager. She gave me the hours. My hours as in 22.5 hours per week are in my contact, yes. I understand that these hours are flexible so they can be worked over any days (which is fine) it's that she's asking me to either reduce or increase my hours that is the problem x

OP posts:
Mrswalliams1 · 14/12/2021 19:53

What does your contract say? If you're hours are in the contract then she would need to formally go down a consultation route to change them but would need good reason to.

Original poster
yan79 · 14/12/2021 20:01

My contract says 22.5 hours. She's asking me to either increase to 26.5 or to drop my hours to 18.5.
I forgot to add. For 6 months during Covid I increased my hours due to how busy we were. I couldn't manage the child care so at the end of the six month period I went back to my contacted hours of 22.5 and told her why (so she's more than aware I can't increase)

OP posts:
RavingAnnie · 14/12/2021 20:46

"I have received an email from her telling me that she can no longer accommodate my short shift and we have to revert back to hours we did pre-Covid."

Whether you think she knows what hours you did pre covid or not, her emails suggests she's forgotten this. I would definitely start with an email simply saying that you are already working the hours you did pre-covid as per your contract.

Then go from there.

Aprilx · 14/12/2021 21:52

I agree with the above, it sounds like a mistake and hopefully can be cleared up very easily once you confirm that you are doing your pre covid hours.

KatherineJaneway · 15/12/2021 15:29

Whether you think she knows what hours you did pre covid or not, her emails suggests she's forgotten this. I would definitely start with an email simply saying that you are already working the hours you did pre-covid as per your contract.

Then go from there.

I agree with this. Point out that you are working the hours set out in your contract and you do not want to change your hours. This is your refusal of her proposal. If she wants to make a change she will have to go through a process. Read your contract carefully to see if there are any clauses she could take advantage of.

Good luck.

CrikeyPeg · 16/12/2021 21:06

@yan79

My contract says 22.5 hours. She's asking me to either increase to 26.5 or to drop my hours to 18.5. I forgot to add. For 6 months during Covid I increased my hours due to how busy we were. I couldn't manage the child care so at the end of the six month period I went back to my contacted hours of 22.5 and told her why (so she's more than aware I can't increase)
It does sound like a mistake that hopefully will be easily cleared up. I am confused though, your OP says you do 2 x 10 hour days and 1 x 4 hour day, which is 24 hours.
Original poster
yan79 · 27/12/2021 12:56

Hi,
Yes it is but minus my lunch break (which I don’t get paid for)
Unfortunately it’s not a mistake and she really does want me to increase my hours.
She’s proposed I increase my 10am-2pm shift to a 9-2. (Only one hour per week) I won’t see any financial gain from this as you can imagine but it will mean I have to use breakfast club and do this shift on-site rather than from home which means one additional hour per week BUT paying £16 parking, a two hour commute and paying for breakfast club (so I’ll actually be slightly worse off but working more hours) There’s absolutely no benefit to me so I’ve refused to increase my hours and it makes absolutely no sense at all.

OP posts:
KatherineJaneway · 27/12/2021 13:55

You've taken thr first step by refusing. See where she goes next.

updownroundandround · 03/01/2022 16:56

@yan79

I agree with pointing out that you have already reverted back to your original hours pre Covid, but if your manager cites 'organisational needs/ role requirements' have changed, they can insist on the change of hours, regardless of the reasons you work those hours.

If I was you I'd find out about signing up to the bank.

Then you can pick and choose a shift or two a month to make up for the shortfall. All the nursing banks are crying out for staff, so much so that you could basically tell them that you could cover some of a shift, but not all of it.

i.e You could do 9 to 3pm, but not a full shift etc. Often they have no-one at all to cover shifts, so an offer of a partial shift is snapped up.

Because you won't be short many hours, you could easily find something every month to make up the shortfall.

underneaththeash · 03/01/2022 20:26

Then just a short email is needed. "Unfortunately, as previously discussed, I am only available to work the hours defined by my contract".

Original poster
yan79 · 03/01/2022 23:47

I’ve emailed her and said that…she’s turned it round and said I asked to increase my hours (I didn’t ) she’s now said she will accommodate a 10-2 as long as I go into the department and not work from home.
I’ve applied for a new job as I think she’s a complete dick

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