Employment Law - shift patterns?

[Sara_H]

I work in a hospital on a ward that has a twelve hour shift pattern.

I work both day and night shifts, including weekends, with no set pattern - shifts are allocated and rota published 4 - 6 weeks in advance.

I only work two shifts a week.

Due to a change in my personal circumstances, I can no longer manage financially on the amount of money I earn. I spoke to my boss about increasing my hours - this is not possible at the moment.

I said in that case I would need to take a second job elsewhere, and that I would need her to support me in this by "blocking out" two days a week on the rota. This would obviously mean blocking out the nightshifts immediatey before and after the two days and would mean I would be unavailable for four out of fourteen shifts per week.

Other people have done this in the past, and lots of people do it to allow for childcare (ie they only work on their spouses days off), however my boss has said that she will not support my request.

I feel I'm in an impossible position, I can't increase my hours and I can't take any other work because obviously other employers need to know I'll be available on other days.

Any advise on my position?

 

[Spinney]

Are you in a union? Can they help?

It always seems like some form of discrimination when people get choice of shifts (or whatever) for childcare and it is denied to others who have legitimate reasons for wanting it.

The other choice is to ditch your current job altogether and get something full time or several days a week - if you can.

 

[Night Train]

Will the second job support you on its own with more hours?

If others have been allowed selected time off the rotas then there should be no reason why you can't have the same arrangement. I can understand not changing the rota immediately due to the impact that would have on others but after that it should be ok I'd have thought.




About 5 years ago I was working night shifts on one job overlapping with days on another job. The rota was set so that I worked Thursday day 9-5pm, Thursday night10-8am, Friday day9-4pm, Friday night 10-8am and Saturday night 10-8am before a break and then Monday day 9-5pm.

I was pretty much brain dead by Monday start and in the end I had to give up the nights even though the money was better.

 

[Sara_H]

If a permanant full time post came up I'd happily resign my current post, however, at the minute most jobs are being advertised as temporary contracts - so devil and deep blue sea as I'm reluctant to give up my job security.

If I'm to take a temporary contract it needs to supplement my current job.

 

[Smokin Joe]

I don't think many employers would stand for the disruption caused by someone changing their working hours so they could go and work for someone else as well.

Neither in my view would an employment tribunal, the onus is on you to find another job that fits in with your current shifts.

 

[PK99]

Other people have done this in the past, and lots of people do it to allow for childcare (ie they only work on their spouses days off), however my boss has said that she will not support my request.

I suspect you are on a loser - child care/ other carer responsibilities are a trump card that take the person holding the card within the scope of anti-discrimination legislation
( http://www.communitycare.co.uk/Arti...ails-ban-on-discrimination-against-carers.htm)

From a personal perspective, I can see your point.

From a personnel perspective, you have a contract if you don't like the terms it is tough but the organisation simply cannot adjust to suit every whim when folks' circumstances change (unless of course there is a legal trump card to play)

From a compassionate caring employer perspective, I would do everything I could to facilitate your request.

 

[Sara_H]

I don't think many employers would stand for the disruption caused by someone changing their working hours so they could go and work for someone else as well.

Neither in my view would an employment tribunal, the onus is on you to find another job that fits in with your current shifts.

I don't think such a thing exists - I'm expected to be available 24/7 even though I only work two days a week, and I guess thats what really rankles - I am and always have been completely flexible - it would be good to see some of that goodwill reciprocated.

I am asking to fit my two shifts into ten out of fourteen - I still think thats fairly flexible, and given that the majority of those that do have set shifts for childcare purposes tend to work friday to monday - I'm more than happy to plug the gaps.

 

[Stig-OT-Dump]

Can you do agency work? You could then fit that in around your shifts and not vice versa.

 

[Smokin Joe]

I don't think such a thing exists - I'm expected to be available 24/7 even though I only work two days a week, and I guess thats what really rankles - I am and always have been completely flexible - it would be good to see some of that goodwill reciprocated.

If you are going to do a second job and your hours are irregular then you need some sort of self employment that allows you to work when you choose. Leaflet distribution is just one example.

No employer likes any of it's staff working for someone else, there is too much chance of a clash of interests. While they could not prevent you from having a second employment they certainly wouldn't alter your working conditions to suit.

 

[The Jogger]

have you checked your contract of employment re hours / shifts. If you needed reasonable adjustments for child care or health reasons, the company are obliged to do this under the equality act.

 

[DCLane]

If you're doing two shifts only then you're on a part-time contract aren't you?

As such they should show more flexibility as you are only employed two days out of five. They should be permitting you to be able to work the other days.

 

[ColinJ]

If you are going to do a second job and your hours are irregular then you need some sort of self employment that allows you to work when you choose. Leaflet distribution is just one example.

My sister does that to top up her income and manages to make about £8-£10 an hour. She delivers local directories but also has a couple of local tradesmen who pay her to deliver their flyers at the same time.

 

[Sara_H]

If you're doing two shifts only then you're on a part-time contract aren't you?

As such they should show more flexibility as you are only employed two days out of five. They should be permitting you to be able to work the other days.

Unfortunately my employers disagree - HR say my manager may use her discretion, however my manager doesn't want to use her discretion!

I'm expected to be available 24 hours a day, 7 days a week and recieve my rota 4 - 6 weeks in advance.

 

[Bonefish Blues]

Unfortunately my employers disagree - HR say my manager may use her discretion, however my manager doesn't want to use her discretion!

I'm expected to be available 24 hours a day, 7 days a week and recieve my rota 4 - 6 weeks in advance.

As others have said, no you don't have any right to have your request honoured.

I suppose the question I would ask is whether, given you get at least a month's notice, and sometimes longer regarding your shifts is it really such a constraint in finding another complementary role?

 

[Sara_H]

As others have said, no you don't have any right to have your request honoured.

I suppose the question I would ask is whether, given you get at least a month's notice, and sometimes longer regarding your shifts is it really such a constraint in finding another complementary role?

Yes, because 'most' other employers looking to employ part time staff, are usually doing so to complement their existing part time staff ie they already have an employee who works , mon, tue, wed and needs someone to fill te gap on thurs, fri.

Someone who may or not be able to fit in is of no use.