Trouble at work

[Bexi]

I went back to my part-time job nearly a year and a half ago after my maternity leave ended and so far I've had very little trouble. However the other day one of the senior managers visited our shop and told my boss that all staff have to be flexible enough to do any shift. When I first went back after having my daughter I'd told my manager that I couldn't work on a particular day as my partner does a 12 hour shift on that day so he wouldn't be able to look after our daughter. She said not to worry about it and it was no problem.
It has been implied (but not said outright) that if I refuse to work that day I'll be fired. The shop manager is very supportive but has asked nicely if I could occasionally work that shift "just to shut them up". I know it is in my contract to do some overtime but I already do more than my contracted hours each week. Quite often if our shifts overlap my partner and I do have to ask someone else to babysit - which I hate doing. I don't have any family in the area (my partner does but he doesn't like asking them) and a nursery place isn't an option as it is a weekend shift so I really can't see any way of agreeing to work that day.
It's so annoying that I've been made to feel that I should go out of my way to work a certain shift after being told 18mths ago that I didn't have to - just to prove how flexible I am and that I'm worth keeping on the payroll.
I'm worried that I'll either get sacked or it'll cause so much hassle that I'll end up having to leave. Does anyone one know if they can fire me for not agreeing to work a certain time/day/shift?

I have no idea Bexi, but phone your local Citizens Advice Bureau. Find out your rights and the facts, then you will feel confident in dealing with the problem. Don't leave.

I've heard of this. A woman sued a train company for not letting her have flexible work to fit in with school hours - it was classed as sex discrimination though, although I am not sure how it amounted to such. She won but that meant all the other staff had to do her shifts and she got all the easier shifts so I don't know how comfortable she was working there afterwards.

As I say, I am not sure on what grounds you can complain. I don't think they can fire you though but how you make your case I don't know.

I'd have a good look at your contract of employment because thats where the starting point will be if there is ever any dispute.

You are entitled to half an hours free legal advice from your solicitor. You might also be entitled to legal aid. Use your half hour and get some advice.
Please let us know the outcome. Good luck!

My dh used to do alot of work in industrial tribunals and has suggested that if things do go pear-shaped your defence should be that you have worked these hours/shift(s) for 18 months without complaint from the company and that you therefore consider them to be your contracted hours. He thinks that the supervisor is probably getting grief for 'overstepping the mark' supportwise and thats probably why they are asking you to do the hours 'to keep head office quiet'. Also there is another area to be considered - from the company's point of view. They are supposed to treat all employees the same, so they cannot make a special case for you if they don't for others - which will be their defence in the event of problems!! Its not nice, but he has also said that they may weigh up how much its going to cost them to get rid of you quietly versus time/costs/bad publicity in the industrial tribunal. You have certain rights - you are by no means 'casual' labour. But you need to get legal advice from experts in this field. Phone up the law society and ask them to recommend someone - they usually give you 2or3 names. Let us know how you go on.

Cheers for all the feedback, it's greatly appreciated. I've searched high and low for the contract I signed when I started working for the company but I can't find it. I did find a booklet at work for employees which stated that all employees are required to do extra hours/shifts if they are reasonable. (Can't quite remember how it was worded). Seemed a bit vague to me. I would think it was unreasonable to expect someone with children to be available to work at all times - especially suddenly after 18mths.
A guy I work with told me that our boss had mentioned the situation to him and that senior managment have told her she's to get rid of me if I don't agree to work the particular day. She's definitely on my side and has said that she's not willing to sack me - but I'm not sure if ultimately it'll be up to her.
As soon as I get the chance I'm going to go to the Citizen's advice and I know that there is a solicitor in town who does a free legal surgery on a certain day each week. Getting legal advice just didn't occur to me but I'm now determined not just to resign because of a difficult situation. Thank-you. I'll definitely let you know how I get on.

Kia will maybe be able to add more on this, but I think I'm right in saying that just because you've signed a contract, it can be unlawful, and therefore not binding. I think everyone has in their contract something about "...or any other hours that may reasonably be required" but I know that now I have a child, I couldn't work any more than half an hour extra at the end of the day. I'm sure that this change in hours can't be forced upon you, and CAB should be able to help you. Just letting your employers become aware that you're taking legal advice might be enough to scare them off.

It may in the end turn out to be a commercial decision for both you and the company. Beloved thinks that there are 2 options - one to resign and go for constructive dismissal to get what may be a small payout or to do the hours required. Only you can decide because you know the full story. Again, he suggests get legal advice before you do anything. I too have that little phrase in my contract that Rosy said, it actually makes up for about 75% of my job!

I spoke to my boss again yesterday and she's told me I've not to worry as she has no intention of getting rid of me as she thinks senior management are being unreasonable. I'm still mad about the fact that my boss is happy with what I do and the way I work and she's never had any cause for complaint - but someone I've never met can come into the shop and take a look at the rotas and decide that I'm not worth keeping on.
The thing that worries me now is that they've given my boss such a hard time lately (not just about my hours but lots of other things) that she's planning on leaving ASAP. They're trying to change her hours also. I just don't understand why head office seem to go out of their way to make line managers jobs more difficult. I know they're trying to make more effective use of contracted hours etc. but our shop has always done well and everyone was happy with their hours. I'll just have to wait and see what feedback I get next from the senior manager.

It may be difficult, but I'd start looking round now for a new job. Looks like management, for whatever reasons, have got your store in their sights, and there may be other things in the pipeline that you aren't aware of but your boss is, especially if she's going too. Sorry to be so negative. Good luck.