I have been in my current job since the 12/11/12 just shy of 6 months. The Company have decided to alter our terms of employment and shift rotas. I was working any 4 from 7, 48 hours week. They now want us on 4 from 7 some weeks and 5 from 7 other weeks. Our rest days are being split a lot of weeks and the rota pattern is pants to be honest. All of this with 4 days notice and they want it to start this Sunday.
Any one know the legal side of this, how much notice do they need to give if any? Fuming is not the word right now.
I would of said in your case non at all as you have only been there 6 months and since the law altered last year they can get rid of you up to 2 yrs for no reason, and you can’t claim anything, so if you don’t except they can just say bye bye
There is caselaw which states that the shift patterns etc you have been doing count as a contract for those hours but I do not know how long those have to be running before they count as that
First of all, is your current shift patterns/hours in writing? If not, your knackered, otherwise…
My understanding is that your employer is essentially breaching the contract by trying to force the change upon you when you disagree. But if drivers turn up for work next week and begrudgingly start working the new shift patterns without taking action, then your gaffer can claim that said drivers have accepted the changes through conduct - waiving the fact he has breached the contract. The few of you who are argueing the toss are then left on your own.
That usually is what happens because most drivers will just bend over and accept the new shifts, thankful to have a job.
With only 6 months service you aren’t in a very good position to start argueing anyway, pretty sure he could just terminate your contract and offer you a new one under the new terms.
BUT To be honest all that theoretical stuff is worthless in reality - I have never heard of anyone playing the legal card and everything turning out rosy as you become known as the trouble maker and they will try every trick in the book to get rid of you afterwards, and would you actually be happy there anyway having had a legal showdown with them?
The only course of action that might get you somewhere is a polite conversation saying that you like working for them (assuming you were happy enough before) and were hoping to put down some roots but the new shift pattern will really mess up your non-work life(play the family card if you have one) - any chance of agreeing some compromise. If they are remotely reasonable you might be respected for actually bothering to talk to them and ask. Or they just say no and you have lost nothing and you quietly start looking for another job.
The site has only been open since October last year and we all have written contracts. I had a meeting with HR and said my piece, they had no answers. The previous TM was booted out a few weeks back and the new one is changing things. I have registered my opposition to the changes and have said 4 days notice is not acceptable. Just got to hope more do the same.
largebloke1969:
Thought they could change anything in your contract aslong as they give u 90 days notice ?
90 days notice would be ok, better than 4. Trouble is, a lot of drivers were TUPED over from 2 different sites and have a strong union, us on the new contracts have a small union, and there are two different unions fighting for our membership.
BUT To be honest all that theoretical stuff is worthless in reality - I have never heard of anyone playing the legal card and everything turning out rosy as you become known as the trouble maker and they will try every trick in the book to get rid of you afterwards, and would you actually be happy there anyway having had a legal showdown with them?
The only course of action that might get you somewhere is a polite conversation saying that you like working for them (assuming you were happy enough before) and were hoping to put down some roots but the new shift pattern will really mess up your non-work life(play the family card if you have one) - any chance of agreeing some compromise. If they are remotely reasonable you might be respected for actually bothering to talk to them and ask. Or they just say no and you have lost nothing and you quietly start looking for another job.
Best of luck mate.
Had a good look at that and it seems that I have very little choice, could be back on agency very soon.
^^^ plus you’ve got that extra commute to pay fuel for on top of the wasted time travelling as well…
That’s the big advantage of Agency. You just keep saying “NO” if you keep getting offered crap hourly rates, stupid O’clock starts, and too short shifts to make it worth while.
Remember: In any economic upturn, the zero hour people get to benefit first!
Wayne:
The site has only been open since October last year and we all have written contracts. I had a meeting with HR and said my piece, they had no answers. The previous TM was booted out a few weeks back and the new one is changing things. I have registered my opposition to the changes and have said 4 days notice is not acceptable. Just got to hope more do the same.
What you need to do is collectively(all drivers) go in together and say no we not doing this and subsequently have you reasons why and have alternative proposals to what they are suggesting also ask why they want to do this etc.
Wayne:
The site has only been open since October last year and we all have written contracts. I had a meeting with HR and said my piece, they had no answers. The previous TM was booted out a few weeks back and the new one is changing things. I have registered my opposition to the changes and have said 4 days notice is not acceptable. Just got to hope more do the same.
What you need to do is collectively(all drivers) go in together and say no we not doing this and subsequently have you reasons why and have alternative proposals to what they are suggesting also ask why they want to do this etc.
We know why they are doing it, but the way they are doing it is the issue. I have made personal headway with this today and looking after yourself is the way to go short term. The company is to blame for complicating matters at the start by having 4 different contracts at the start and then TUPEing over another 3 or more contracts from other sites that closed. Good intentions have now created an unhappy workforce.
well and truly shafted.
