Work mate taking the mickey

[minimomma1]

I work in a small team of 10 that involves shift work. Everyone accepts that flexibility is required but we are a strong team and if swaps are needed it's never usually a problem.
Recently one member has been to their doctor and occupational health and said they can't do the shifts as it causing stress and could exacerbated a long term health condition.
This coinsided with our boss retiring and the temporary manager has agreed to it.
This means they only work early days shifts and everyone else has to pick up the late shifts which is causing problems. Some members have childcare needs that they are now struggling with and everyone else's life is disrupted and the fair balance has gone
We've looked at the business' flexible working policy and any changes to the shift patterns that manifestly change the other members needs to go to consultation.
We've approached the person in question but they are adamant that OH can't be over ridden and if we try they will just sign off sick.
Nothing has changed as far as we are aware to this person's medical condition that they've had for 30+ years except for the manager leaving who we know wouldn't have allowed it. We think they've just ambushed the temp manager while they wait to appoint a new permanent manager hoping that the new manager will just go along with the status quo

It's not up to the other 9 of you to decide if this persons health condition has worsened enough for this adjustment, and to approach them on it is out of order. You need to be approaching the manager if you want to discuss it but again, it's not a group decision. I totally accept this person may be a cheeky fuckers but that doesn't mean you can outnumber them and make them change their mind. Can you all speak to HR about the knock on effect?

We have spoken to manager but as he's only temp doesn't want to make a decision. We've looked at the Working policy for the company that says if they are not fit for work then they should be offered redeployment. Might add that this illness doesn't stop them playing sport every weekend or going out on the lash with their mates eventhough they're on medication.