Can they make me sign new contract?

[lasttimer]

Have worked for the same company 12y. Mon-Fr 9-2:45 without any break. There are few of us working this pattern, it’s called ‘Mummy’s shift’, as only people having children were allowed to have it. Rest of the warehouse works 8-4, 7-3. There is a talk of a company takeover and we, mums, are pressurised to change our shifts to 4 on 4 offs- 8 to 3. Do I have rights to refuse and stay in my shifts? I am a single mother, DCs are 9 and 6, I have no one to drop them at school (breakfast club starts at 8) or pick up (this would be easier to arrange than the morning).
I am at a loss if I have any rights to refuse.

No, they can not make you sign a contract with unilaterally amended terms and conditions

Call ACAS they can guide you through, however if it’s rumours and not happened or you’ve had no notice there isn’t much you can do until it does happen / become official.
Its called TUPE when a company takes over - the transfer of undertakings protection of employment. I would probably join a union if you’re not already a member.

Join a union before any shit hits the fan.

Any change to the standard contract that disproportionally impacts members of a protected group could amount to indirect discrimination on the grounds of sex.

Having care responsibility for a child is not in itself a protected characteristic, but the courts have held that the Childcare Disparity is indeed a thing. In practice, discriminating against a person with childcare responsibility amounts to discrimination on the grounds of sex.

Even if everyone has the same contract, this may be an angle to explore with ACAS.

Yy to joining a union, but it may be too late for them to support you in this, as you're already aware of the issue. Do you have legal expenses insurance on your household policy? Mine has a super helpful phone line, where an actual solicitor will call you back and give advice over the phone.

I had this when my company was taken over. The company can’t unilaterally change your contract. I, and others in the same position, were supported by the union. In the end, we agreed a compromise deal. We did change our working hours somewhat - ie, we kept the same hours but agreed to work one weekend in four- but not to the full extent the company wanted.

But they can make jobs redundant. Also companies can reorganize the workforce. They can eventually offer new contracts and either you want a job there or you don’t.

Actually they can. That is how P&O got away with what they did a few years ago. That is how many people had wages reduced when scottish councils went through a 'single status' salary review process. Companies don't do it often but it is legal.

Changes to employment contracts | Acas This is a good guide to what is legal requirements and what is just 'good practise'

P&o bright in a new workforce from overseas I think. You can resist, but get advice early.

Some misinformation on here, no they can’t make you sign anything, you can chose to leave. They can decide if the business needs different work patterns, and if you’re unable fo meet these, then make the position on fhe current hours redundant.

Also contracts don’t have to be written. By working a new pattern and accepting wages is a contract. Not good practice but a contract. Did none of the men want the “mum” contract? Were these hours open to anyone? They should have been.

No expert but don’t they have to tupe you over if your company changes hands? I’ve seen it done many times when our contract cleaners change over.

They can't make you sign it but they can refuse to keep you on the old hours. Legally they have to give you 4 weeks notice of the change and then you either sign it or leave. It happened to me years ago when I had 2 jobs and one insisted on changing my days.

it’s called ‘Mummy’s shift’, as only people having children were allowed to have it. Rest of the warehouse works 8-4, 7-3

It’s discriminatory. They either need to withdraw this option for “mums” or open it up to anyone.
Opening it up to anyone probably isn’t feasible so I don’t blame them for withdrawing the option. They’re likely to be take to court at some point if they have separate shift patterns available only to mums.

They can change your hours without a new contract.

‘Mummys shift’ indeed. Totally discriminatory. They need to open to all or remove it.

This opinion isn't in line with the current legal position.

There are 'Positive Action' provisions in the Equality Act 2010, that allow employers to treat members of a protected group more favourably than colleagues who do not share the protected characteristic.

You don’t have to sign a contract but they can change your hours if it no longer aligns with business needs.

Is being a mother (and not a
parent) a protected group then? I doubt it.

Not quite sure where your aggression has come from, and I have answered your question in my previous post.

Anyway, yes, the childcare disparity (between men and women) is a legal concept, which has been applied in numerous cases. It essentially confirms that being the primary carer for a young child is synonymous with being a woman.

Have a look here for more information or you could just read my previous post/ask Google.

This!

The fact that it is known informally as The Mummies' Shift goes to uphold the argument that it is a special arrangement for those with a protected characteristic.

OP, if this is only a rumour and you haven't had any kind of official notice, you have time to join a union before it becomes official. I suggest that you get all your affected colleagues to do the same, asap, which will help the union to defend your case.

Being a mother isn’t a protected characteristic.

I'm not going to explain this for a third time.

Might be an idea to read the thread/educate yourself on this point before posting things that aren't true?

No, I don’t think it is either.

what about fathers who care for their children? Are they allowed this “special” shift pattern? No, apparently not.

@TableTopTreeIt’s significantly more nuanced than you are suggesting. ACAS has a lot of info on this. From their web site, the protected characteristics are as attached. That does not mean an employer can exclude other people from a job if they are better qualified to do it and meet the criteria - which I doubt is being a mum as it’s not protected. An employer has to decide if cutting out other applicants (men, dads, disabled men, single people, better qualified anyone) is legal because you only employ women for that particular shift. It’s dubious as best.

Does your contract actually state these hours
and time

or is it just a total hours

Single parenthood should be a protected characteristic as it can leave you very vulnerable, especially in employment when there is no one to tag team pick up/drop off/sickness of kids with, no one to have the kids while you travel for work etc. My ex has totally poleaxed my career, it's just a job that keeps a basic roof over our heads now not the upward trajectory it could have been.