Change of working hours pattern.

[agedknees]

I would appreciate some help here. Myself and a few colleagues work in a NHS clinic setting. The clinics go over 5 days.

I work 24 hours, the rest work 32 hours. I usually work 2 full days and 2 half days. My colleagues work 4 full days (2 colleagues) and 3 full days and 2 half days (1 colleague).

We have just been told that they will be getting rid of the set hours, and make us work different days every week. It does not bother me too much as I have no dc at school etc anymore, but one of my colleagues has 2 dc at school (aged 6 and 8) and has arranged all childcare etc around her hours. Her cm will not be happy to change hours every week.

My colleague is a single mum, and is really getting very anxious about this.

Can they just do this without our agreement?

[hotbot]

yes, they can with the appropriate notce period, usually 3 mths. the nhs does profess to try and be child friendly however the bottom line is always service requirement.

[flowerybeanbag]

No they can't. If the hours you are doing are in your contracts and/or are established and regular over a period of time, they are your normal terms and conditions which cannot normally be changed without your consent, or at least without consultation. Is there anything in your contracts about changing hours?

See here about what your employer needs to do to change your terms and conditions and http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116 here about what happens if you don't agree. Your colleague with DC and indeed anyone else who is not happy with the proposed change should make their objections clear in writing explaining why they do not agree with the change.

[flowerybeanbag]

Sorry, here is the second link.

[agedknees]

Thanks for your help. My dh said they could not because of custom and practice? But our NHS manager has said that does not apply to the NHS.

We have improving working lives at work. I do not think they are improving my colleagues life at work. She has spent the week worrying about childcare.

Our written contracts just state hours worked over the week, they do not specify days of the week we should work.

[flowerybeanbag]

If those are the established terms and conditions, either in a contract or by custom and practice because they have been arranged like that for a long time without variation, then consent is needed to change them. How long have these people been working these hours?

Not sure how the manager can claim that employment law doesn't apply to the NHS, of course it does! If these are the terms and conditions then the NHS is under just as much obligation to follow an appropriate procedure if it wants to change them as any other employer as far as I know.

[agedknees]

flowery - thank you so much for your advice. My colleague has been working her set days for about 4 years, other colleagues have been working set days for longer. I am the 'new girl' who has been working set days for 2.5 years.