Employment help

[jassyfa1]

Looking for a bit of info regarding my job.
I am on a temp contract at a residentialhome covering sick and maternity leave since last June.
Every weekend I work a 12 hour shift every Saturday and Sunday. However yesterday I found out that my hours had been cut on Sunday as one of the long term sick is coming back to work and is taking over a night shift (which I dont work) but the person doing the night shift was then losing out so she got my shift.

Nobody had told me and the original rota had been changed during my days off.
Now is this legal?
Also as I am meant to give 2 weeks notice when I leave, should I not get the same when shifts are being cut?

 

[steveo]

Looking for a bit of info regarding my job.
I am on a temp contract at a residentialhome covering sick and maternity leave since last June.
Every weekend I work a 12 hour shift every Saturday and Sunday. However yesterday I found out that my hours had been cut on Sunday as one of the long term sick is coming back to work and is taking over a night shift (which I dont work) but the person doing the night shift was then losing out so she got my shift.

Nobody had told me and the original rota had been changed during my days off.
Now is this legal?
Also as I am meant to give 2 weeks notice when I leave, should I not get the same when shifts are being cut?

The long term sick returnee also has rights which have to be catered for. I would imagine your shifts/rota can be changed any time they want to and would only have to give notice if they were terminating your employment. This period of time should be written into your contract.

 

[davewebbsbrain]

If your employer wants to change your contract
If your employer wants to make changes, they should consult you or your representative (for example, a trade union official), explain the reasons, and listen to alternative ideas.

Changes can be agreed directly between you and your employer, or through a 'collective agreement' between your employer and a trade union. This might be allowed by your contract even if you're not a union member.

What if you and your employer don't agree?What your employer can do
If you don't agree, your employer is not allowed to just bring in a change. However, they can terminate your contract (by giving notice) and offer you a new one including the revised terms - effectively sacking you and taking you back on. Your employer would be expected to follow a statutory minimum dismissal procedure.


http://www.direct.gov.uk/en/Employment/Employees/EmploymentContractsAndConditions/DG_10037116

 

[Aberdeen Shrimper]

any employer wanting to chahge your contract has to do it in writting and give you notice of this depending on A. Your employment lenth and B. you contract

 

[steveo]

any employer wanting to chahge your contract has to do it in writting and give you notice of this depending on A. Your employment lenth and B. you contract

But as I understand it they are changing his hours, not necessarily his contract. It rather depends on if the contract guarantees a certain amount of hours

 

[davewebbsbrain]

If it is a shift pattern change, then there needs to some notice before the change. If there is a change of hours, then there needs to be a formal confirmation of this.

 

[Aberdeen Shrimper]

But as I understand it they are changing his hours, not necessarily his contract. It rather depends on if the contract guarantees a certain amount of hours

His hours are part of his contrat.... He is contracted to work certian hours, if that is to be changed then it has to be in writting........that is advice from my wife mate and she speecialises in employment law

 

[steveo]

His hours are part of his contrat.... He is contracted to work certian hours, if that is to be changed then it has to be in writting........that is advice from my wife mate and she speecialises in employment law

But if you dont know what the contract stipulates, then you can't make that assumption.

It might say for example “hours are flexible and decided at the discretion of the Directors.”

You need to see the contract

 

[Numphgirl]

Have been trying to log on for ages to say exactly the same thing. On the basis of the info given and from what AS had told me on the thread if the hours were part of his contract then written notice to change will have to be given.

It would be best to know if the temporary contract stipulates exactly in terms of hours, rotas etc. As if it is only a one liner of "hours are flexible" rather than a specific 12 hours on Saturday and sunday etc then no notice would be required as the terms are unspecific.

Jassy I take it you have a contract of employment ? what exactly do your terms say for hours of work and also did you get a letter with your contract to advise that your contract could change at any time on the return of other personnel.

If your contract does state "flexible" then Im afraid no notice would be required.

 

[jassyfa1]

Sorry I have been off line, but at work.
To start with spoke to my boss who said it was a mistake and cancelled somebody elses shift. Although when that person arrived at woek they were not to happy as they had been told I would have to lose out.
As for a contract im not guarentteed any hours as with most carers, but as I have been doing a 12 hour on Sunday since last June/July I would have thought there would be some leeway. Also the person who has been off sick has been since I started and has come back and changed her hours to suit herself. again I would have thought this was wrong as everybody else has to accomodate her new shifts.

 

[steveo]

Sorry I have been off line, but at work.
To start with spoke to my boss who said it was a mistake and cancelled somebody elses shift. Although when that person arrived at woek they were not to happy as they had been told I would have to lose out.
As for a contract im not guarentteed any hours as with most carers, but as I have been doing a 12 hour on Sunday since last June/July I would have thought there would be some leeway. Also the person who has been off sick has been since I started and has come back and changed her hours to suit herself. again I would have thought this was wrong as everybody else has to accomodate her new shifts.

You need to establish the finer details and have it written into your contract, but it's a bad time to be making demands. Get your head down and make yourself a valuable staff member and when the job situation turns, you can start negotiating on your own terms