Employment law - Change of shift

[Phoenix]

Righto, yet another employer trying to screw people.

I started working for my company just over 1.5years ago, on a fixed Sunday-Thursday shift pattern, it's written into my contract exactly as that, there is no clause allowing for a change in shift pattern to suit the company's needs etc only a change of start time (24hour operation).

The company went into administration and was bought out last June, they offered us new contracts of their own with similar pay etc but ever single section in the contract had something along the lines of "but we may alter this as and when we see fit" making the entire thing a joke, it also removed all sick pay entitlements. They also said they don't recognise the union and will not enter into negotiations. As such virtually everyone stayed with their current contract including me, and retained union support. They made comments in group and 1-2 meetings to the effect of 'you can stay on your current contract but life won't be made easy'.

Not a lot happened, minor shift changes nothing special until Monday. An A4 notice went up on one of 8 notice boards so hardly obvious, and no verbal notification was given, it stated that shifts were changing and to see the bossman and his cohorts for a 1-1. I had to jump straight in my truck and go monday so didn't even know this was the case until today.


so I went and saw them and was told that it was first come first served, my current shift is now full and I only had the option of now working 5 days but it HAD to include the entire weekend. I said that's crap I don't want it, it's tough luck, i'm on 30 days notice if I don't take it i'll have to leave. Same "option" was given to everyone, lots of ppl screwed in the same way as me. However several drivers have been told the same as me only to see someone go for a meeting after them and come out with their old shift pattern, the guy who went in after me came out with a mon-fri, so first come first served is bullshit.

Seems this is a way of making everyone who stuck to their contract leave, even if you change to their now they still wont give you your old shift back. Is this legal becaue it seems insane, I took a job working sundays now I have to lose my entire weekend or lose my job, fucking stinks.

Sorry it's a giant rant but i'm livid.

[craigie b]

You'd be better taking your rant to the union.....what your describing does sound shit and extremely unfair so I would get tooled up and find out your rights.

[Phoenix]

Union is on the case afaik, supposed to be an official statement from them on Friday so i'll find out Sunday no doubt. Just looking for info from anyone in the know in the meantime as i've dug up my old contract and am tempted to go back to bosses for round 2.

[jack_zxr400]

sounds as though they are discriminating against you but they should be aloud to do anything like sack you or change your shifts if its not in your contract?
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[Tonka]

The only I can throw into the pot is to take care in all meetings, as this is their opportunity to shaft you and have it on paper to be produced at a later date. Always have a third party presence in meetings and if any notes are made make sure they are accurate if they are to be used as 'evidence'. Without wishing to turn you into a cynical monster, take good care and watch your back - times are very hard and there are more an more incidences of lines being crossed.

It's an absolute basta&d to say it, but if you need a job to pay the bills and you don't think you can get another, even if you can't get your same shift you may just have to bend over and take it. Thing is they know that, which is why they are giving it a go, as in good times they'd be short staffed as everyone would tell them to poke it!

Just do what's right for you and your family - things will get better and then you'll get the satisfaction of moving on to suit you.
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[colin1]

Not sure if it will help, but on the news today, was something about a company getting busted for holding records on 3000 people just for being suspected union members. This list was circulated among local businesses for a fee, and people were denied work as a result.

https://www.timesonline.co.uk/tol/news/uk/article5858182.ece

There is talk of there being legislation to stop workers being discriminated against for being in a union. In the past it was argued that there was no proof of this occurring and that it was a significant problem.

This may affect the mood of courts.

I suspect that in transport, companies rely on drivers not going to court.

Someone I knew won a tribunal against employers who tried to bully him into doing illegal driving hours, but then he found it difficult to get permanent work afterwards. Possibly he could have tried harder and maybe assumed it would count against him.

As a rule though, employers prefer walkovers, and if there is a sign of a worker sticking up for their rights, some can get a little twitchy, but not all.

I used to know someone who was an employment lawyer, and I've emailed them the description at the start of this thread. Not sure if she will offer any advice, but you never know.

It might be worth getting an employment lawyer that you pay for yourself. An hours worth of advice might seem expensive, but it might be good value for money. I've no idea who you should try.
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[msgander]

Hi Phoenix (gooses OH here)...

Firstly I am guessing from your post that you were "TUPED" over when the new company took over, they will have wanted to change things to their way of working etc etc. You didnt, you stayed on existing contract, which legally you can do.

They can change shifts etc, according to their new contracts (which you havent got) however, even if you dont sign new contract with the new clauses in, by working to their new rules, it can be deemed that you have accepted (by custom and practice, ie you are fitting in with them now) their new request.

However...with ANY change of terms of contract, the minimum notice you should get is 12 weeks. It is called Notice of Variation of Contract. They should have had one to one meetings and consultation (not sure how many employees you have at yours but may even have been obliged to have elected representives from the staff if over a certain number).

It sounds like on your current contract, you should have received variation of contract notice, so their procedure is vitally flawed - excellent grounds for a tribunal application. However if you are a member of a union, go set up a meeting immediately. They can try and enforce a variation of contract, you can choose not to accept it. If you choose not to accept the variation, you can of course continue working "under protest", just be wary if they have a "valid business reason" in the current economic climate, tribunal boards are leaning towards going with the employer if change of terms means retention of jobs and not redundancies (most recent case law suggests this anyway).

If you dont agree variation, you may of course end up being dismissed, and you could obviously go via tribunal and claim unfair dismissal.

However, ensure that if you go this route, ie you refuse change, they dismiss, YOU MUST GO through the appeal process, ie exhaust all your options to solve matters with your employer or a tribunal will be unlikely to look at your case....

Give goose a yell if you need any other info....

Good site is ACAS, you can also ring them and get advice...best place is union, they are generally very knowledgeable about procedures etc, depends on who you get.

Good luck!!
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