Shift Allocation, is this legal?

[HortiGal]

Just looking for some advice as have never come across this.
My DP retrained last year and on the whole enjoys the new job.
Once per year they allocate the set shift patterns, they are allocated based on who has been there the longest, there is no consideration given to commitments etc , same follows with holiday allocations , you can hopefully get a swap.
My DP isn’t overly bothered but it does mean he is on a constantly shifting rota as no set one was left.
He did ask union rep if this was legal regards preferential treatment and got a shrug and this is how it has always been done.
Anyone have any experience of this?

There are lots of places round here that work fixed shifts - with dates issued 5 years in advance. And yes, the new people would take a place in the shift with a vacency.
The bit I dont get is "constantly changing shifts"?

It would only be illegal if there was a bias towards or against someone due to a legally protected characteristic, eg Debbie gets the crap shift because she's disabled and we want to push her out. Doing it based on longevity might be age discrimination but it would be a hard one to win I think.

So some people are on set shifts and the others are supposed to work around those shifts with variable ones? Does he get a whole year of shifts set out?

Is there a rostering policy? What’s stopping him submitting a flexible working request?

Do you mean: 3 days this week, 2 days/2 nights next week, 3 nights the week after? On rotation?

or: Mon early, Tues afternoon, Wed early, Thurs night, Fri afternoon….never knowing from one week to the next what the days will be?

My dh is on an 8 wk rolling rota. If someone was to leave, they take the 8 wk rolling rota of whoever left.

I suppose there’s a possible argument that it’s indirect discrimination as those who have worked there longer may be older than those joining now. But that would depend on the profile of the workforce, whether it tends to be a job for life and whether there is a large post school/post Uni entry point rather than people applying for jobs on an ad hoc basis.

@BiddyPopthe2nd
yes that’s it, new rota every week, he could be Mon 6am-4pm, Tues 4pm-11pm etc and they also will change his day off with only 24 hrs notice, he’s been told he should always be checking online rota app, any query is met with ‘that’s how it’s always been done’

@Lostearringsits a long term job, some have been there 20/30yrs and often work beyond retirement

The notice period seems unreasonable and could be a form of indirect discrimination.

'How it has always been done' is no defence. The union rep response is not surprising, assuming he or she likes the current process.

@LlynTegid yes the Union rep gets to jump up the list

No experience, sorry @HortiGal but I wonder if this site could be useful?

That's a pretty serious conflict of interest.

@Arregaithel thank you, I’ll have a read