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Shift Changes

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pompian | 22:30 Sat 11th Feb 2006 | Jobs & Education
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I have been informed that my contract may be changed to require me to work 3 rotating shifts as opposed to 8 - 4:30. HR say that this is a reasonable change & so will not offer redundancy, however, i Moved jobs internally 12 months ago & never got a new contract. My old job has now been made redundant. Will I have a case if I leave
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If you resign from your job because your employer has made unreasonable changes to your contract (which will be deemed to exist even though you've never had it in writing), you will probably have the right to claim for constructive dismissal. (If you win the claim your employer will either have to re-employ you - on your original contract - or pay compensation).

It should be noted, however, that you won't be able to claim for unfair dismissal unless you have initiated a formal grievance procedure against your employer, without success, prior to submitting your resignation.

I suggest that you submit a formal (written) grievance to your employer. Keep a copy and ensure that your employer is aware of your intention to claim for unfair dismissal if you're forced to resign.

Chris

http://www.worksmart.org.uk/rights/viewsubsection.php?su n=43

Also, if these new shifts cause you problems with childcare (if you have children, obviously) you have a right to ask your employer to offer you alternative shifts that better suit your childcare arrangements. Unless they look into this and come up with some alternatives, this could constitute Sexual Discrimination.


Good luck and as Buenchico says, make sure you make every request in writing and keep copies!

Question Author

Thanks very much.


It's all a bit heavy right now. There are 3 of us (1 has a 1 year old child) so in theory is unable to cover all shifts. This leaves the other 2 of us with a problem.


And to cap it all, we now have 2 off with stress, caused by this very situation. What a great employer we work for.

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Question Author

Thanks again.

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