Employment Practices

[VillageVicar]

I've had a distraught lady speak with me tonight regarding her employer. She has worked for a large high street pharmacy for the past thirty-seven years. She's 18 months from retiring. Until two weeks ago, the woman has had the same daily work pattern for the past 22 years (0830-1730). Now she has been told she will work alternating days, twelve hours a day and alternating weeks, where the Tuesday, Thursday Saturday pattern will change to Monday, Wednesday Friday and Sundays.
I'm concerned for her as her husband recently passed away unexpectedly and in the midst of her bereavement, her employer has made such drastic changes. In some instances, it might 'appear' that the company is trying to wear her down so that she will take early retirement, thus reducing her pension payments. Has anyone had similar experiences? Thank you.

Fr Bill

[Whickerman]

Sadly this is not unheard of. In a lot of companies, where early retirement is an option, the final figure given is based on final salary so hours may be cut etc to reduce payout. In addition, such an extreme change in work hours can be foisted on a person at a low ebb to 'encourage' hem to leave with little entitlements.

So, what to do next? Some thoughts, for what they're worth. This is form someone who spent some years as a shop-steward and is now management, so i can possibly help show both sides?

Firstly, it cannot be understated that acceptance of these changes without dispute is seen as acceptance of changes to contract, whether written or not. Therefore she should not accept them!

Secondly, she needs at this stage to involve her union. This will need back up and help - she'll be fighting a losing battle alone. The union will fund a lawyer if needs be.

3rd - She should always be aware that if she leaves, the award of most courts where a claim of constructive dismissal is brought - where the employer makes it impossible for an employee to stay but doesn't fire them, they leave to save their sanity and/or health - is almost always a pittance compared to salary.

4th - it may be unavoidable, so can she actually work these hours? It may put her out, but could she walk away from a job after 22 years so near to retirement?

5th - she needs to speak with her HR manager. This should be done with her union rep in the office. Outline the fears that she has and point out that she has a contract and will not be happy to change it after such a long time.

It may well be that a letter from her doctor regarding stress (mention the UK's Health & Safety Act 1974) and the recent bereavement may help her case, as might a call from your good self. It may not...!

[Whickerman]

Some helpful links:
http://www.worksmart.org.uk/rights/health_and_ safety
(regarding the Stress angle)

http://www.adviceguide.org.uk/index/life/emplo yment/basic_rights_at_work.htm

According to this, her hours of work should be stated in her contract - use the contract!

[Whickerman]

unrelated note - just spotted this, addressed to you
http://www.theanswerbank.co.uk/Family/Question 469901.html

[VillageVicar]

Good morning Whickerman! How Kind of you to offer such well thought through ideas! Thank you SO much! I�m going to visit the lady this evening and share your kind thoughts and thoughts from others on the subject.

Under no circumstances do I want her to leave. I feel this would not be in her best interest. Her emotional state is quite precarious at the moment and she has few grounded sources of calm around her.

When she first told me of this I warned her about accepting their request without first considering the consequences. In truth, working the variable hours are not that much of a deal, in her view. But as she thought the hours through she realised that not only were her monthly hours now reduced by an average of ten hours a month, she is virtually unable to subscribe to any personal activities such as painting classes, book clubs, etc., as her hours will now change from week to week. Under her circumstances, I feel this is where the greater danger lies.

Whilst it doesn�t appear to be a major problem, I do also have concerns about her driving at night. This isn�t to suggest she is infirmed in any way. However, it is outside of her experience and could leave her vulnerable.

I�m ever so grateful for your detailed thoughts. This has meant a great deal to me.
And thank you for the link to the other thread. I�ve just this moment replied. Looks as if we may have found another angel!

Again, thank you so VERY much!

Grand weekend!

Fr Bill