HR advice

[vampiress88]

I currently and for the last few years have had reasonable adjustments to my working hours.

The company (a massive and well known brand) has decided that I can no longer have those. It’s going to effect me financially, which I can’t do anything about and I also believe that it will effect me mentally and physically as last time I was on a different shift pattern I was off sick more which I obviously don’t want.

I’ve spoken to the union who really aren’t brilliant. All they say is that the business can change my hours but they believe they aren’t giving me reasonable adjustments. I’ve said I might have to leave and they just say no don’t do that come back to us. So zero help.

All I am asking is to keep what I already have. I’ve already proven that it’s helped me yet that makes no difference and for this massive company who says that want to be known for being a flexible employer is really not.

So my question is who can I go to? Who will be able to help me with this?

Or is it a case of if it effects me deal with it then?

Oh and I’ve been told that occupational health do not give advice on shifts hours or patterns. After I asked to go back to OHS. My consultants have written letters explaining condition and how it affects me and still nothing.

And I was given a shift pattern that I rejected on 8th August. I had annual leave so was told we will discuss when back, my manager was then off sick to be told yesterday that I now have a pattern and that it will start on 30th.

They say we are going to discuss it on Monday. But the way it’s said is as though it’s that shift or none.

Sorry I think I need to rant more than anything. I hate the thought of struggling for absolutely no reason. After 16 year I think I might need to start applying for other places as clearly there is no loyalty

[annachief]

So you need to formally in writing request specifically what reasonable adjustments you need. Also would be good to know what exactly your adjustments are versus what they are proposing? OH should comment on whether you are able to do their proposal and what reasonable adjustments should be given?

If you request the adjustments and they are rejected then you should ask what the appeals process is, if there is none ask what the grievance process is then you should submit a grievance against the employer for indirect disability discrimination and failure to make reasonable adjustments.

Also in terms of changing working hours I don’t know what your company policy says (there should be something in their policies if you can’t find it ask your manager or the union or HR). So for us they can change shift times but needs to be consulted on and 28 days notice given. What do the other colleagues think of the change? Maybe the union should be reminded it’s there to support colleagues if they’re not happy about it.

[lizzie145]

The onus is on the employer to show that your current shift pattern does not work for them. OH are there to provide advice and make recommendations to an employer but they can chose not to accept them but are at risk of disability discrimination.

As they have given you a new shift pattern you need to lodge a grievance and the clock for an Employment tribunal claim has started from when they informed you of the change in shift pattern.

Your TU need to step up, if the local rep won't help contact the regional office for support.

[vampiress88]

But they won’t even send me to OH. I said when I wasn’t happy with what they proposed and they have refused to send me on the basis that’s OH will not help with hours and shifts.

So my policy says that I can work between 7-11 for 16 hours (apparently no stipulation in over how many days) however they need to do exceptional change of hours which is for people with illnesses/disabilities.

I have sent many emails outlining things but they seem to be vague when replying and prefer to talk. Maybe I should record the conversation?

[sbuck93]

I work in HR.

It's difficult to comment without knowing the whole picture. Were you under the impression the adjustments were permanent or temporary? Did you have a new contract to reflect this or anything in writing? I ask because usually adjustments are a temporary measure while the business is able to offer you that support.
if its a business decision that is having a negative impact then they can request to change your hours/days unless you had a significant reason why not, but I'd argue they are not giving you reasonable & sufficient notice of the change.
OCH can give medical advice to the employer to help support you at work as well as offer advice on reasonable adjustments, but this is only if the business is able to, and if the issue is more managerial they probably won't be of much help in this case. I would personally do a referral though.

[vampiress88]

Originally Posted by annachief

Also would be good to know what exactly your adjustments are versus what they are proposing?

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I am currently on 16hours a week over 3 days
I work 9.30-2.30 during the week and the rest of the hours on the weekend.
I only have two long shifts of 8 hours on a Sunday- that bit was done as they needed people on Sundays.
Now they don’t and as I get paid double I think they have moved me purposely to save themselves £116per month.
The way the rota is I have usually 5 on 6 off. 3 on 6 off. 4 on 4 off.

It was designed specifically a few years ago as I get very tired so have a nap around 4ish. Only do 3 days as it’s easier to only drive in when on the codeine/tramadol.
And I have a big break as that helps me to recover, breaks of two days don’t usually do that.
I’ve had these adjustments for four years and apart from massive flare ups then I’ve manage usually a year or two years between periods of sick.

On the rota years ago I used to only manage a few months at a time then I’d be off poorly.

This new shift- that I was only given yesterday (apparently that doesn’t count as I was told I was moving shift but not what to 5 weeks ago)
This one is now 4 days a week 4 hours.
So that means more driving on the medication, I have a maximum break of 3 days between and the Sunday hours have dropped so that’s £1392 less a year which apparently they can do as it’s not written how many hours I do on a Sunday just that I do work a Sunday. And three out of four Mondays now that it’s our busiest day.

The only thing they have given me is 2.30pm finishes but as I explained to them I could probably do later like 5pm if it’s only a few and not all.

“the pattern has been built on all the information you provided us and we have a duty of care to you whilst looking at the shifts”

This is what I receive when I’ve asked again about it which really upsets me as they clearly haven’t listened and I’ve put everything in emails to them.

[vampiress88]

Originally Posted by sbuck93

I work in HR.

It's difficult to comment without knowing the whole picture. Were you under the impression the adjustments were permanent or temporary? Did you have a new contract to reflect this or anything in writing? I ask because usually adjustments are a temporary measure while the business is able to offer you that support.
if its a business decision that is having a negative impact then they can request to change your hours/days unless you had a significant reason why not, but I'd argue they are not giving you reasonable & sufficient notice of the change.
OCH can give medical advice to the employer to help support you at work as well as offer advice on reasonable adjustments, but this is only if the business is able to, and if the issue is more managerial they probably won't be of much help in this case. I would personally do a referral though.

See more...

It was an exceptional change of hours so doesn’t change your contract and is reviewed every 12 months but all I’m asking is to keep the adjustments already made. It’s all within the same timeframe that the full time hours are.

If this is the employers final offer then they need to tell me that. I will then try my very best to manage my pains with the new hours but if I can’t then I’ll be off. It’s a simple as that.
They unfortunately are just going to make me go down the sickness policy and probably get rid of me. Which will benefit them as I am on the old pay and not new so they could hire someone for my hours for cheaper. It feels like it’s on purpose because I don’t think this particular person likes me

[annachief]

Interesting one how have they selected those working on a Sunday? Or how have they built this rota to ensure fairness?

[Tamatoa]

I don’t really understand your current shift pattern - you mention 8 hours on Sun - I assume with a break on top and then 5 hours during the week?
And they want you to a more regular pattern of 4 hours 4 days a week? To be honest I can see why they want to do this as surely it’s not great to be working longer shifts if you suffer with pain? I can also see the argument that spreading your hours over more days will put less stress on you physically. Can understand why you don’t want it as you’ll actually be in work more days and won’t get paid as much for Sunday working but from a health and wellbeing perspective I don’t get your logic. I also thought companies could review and propose changes to shifts if there was a business need. Sorry if I’m misunderstanding

[lizzie145]

They need to prove it is a business need and not a cost saving. I really think you need advice and support from your union. If you were a member of mine I would be seeking advice from our employment lawyer