# working unsocial hours - what's acceptable or not...



## pcocp (29 Jul 2011)

Looking for information on people who work unsocial hours, i.e. evenings, nights, weekends and bank holidays.

Person works an unsocial or out of hours job, evenings, nights and weekends, basically everything outside of monday - friday, 9 to 6. A rota is in place that gives the employee one weekend off a month, and evenings/nights off midweek other weeks in the month. It is a full time 39 hour a week job when averaged out over 4 weeks. This has been the position for some years now.

Now, the employer wants to change the out of hours rota to reduce the number of night shifts and increase the number of evening and weekend shifts. The end result of this proposed change is that the employee will be required to work every weekend of the year, and will have significantly less free days as employee will be working an increased number of shorter duration shifts. 

This proposed change is significantly anti social and anti family. While it is obvious that any person working in an out of hours job can expect it to be anti family, the original system was more fair and allowed the employee have a realistic family life (3 small children). 

Are there any regulations / guidelines in existence concerning people who work in an unsocial hours capacity? 

Given the nature of the job, can they expect to have a rota in place that allows some semblance of normal family life? (as it is currently).

The main sticking point here is the proposal to work every weekend, by that I mean 12 hour shifts saturday and sunday, so the entire weekend would be  spent at work, every weekend. 

Any advice appreciated.

PCOCP.


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## millieforbes (29 Jul 2011)

There might be something in the Organisation of Working Time Act

[broken link removed]


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## Complainer (29 Jul 2011)

Is the person a trade union member? If so, that would be a good starting point.


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## pcocp (29 Jul 2011)

millieforbes said:


> There might be something in the Organisation of Working Time Act
> 
> [broken link removed]



Thanks, but I don't see anything in that which deals with this issue.

Also, NERA contacted and could not offer any advice or suggestions. At all.


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## pcocp (29 Jul 2011)

Complainer said:


> Is the person a trade union member? If so, that would be a good starting point.



Not a trade union member.


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## callybags (29 Jul 2011)

An employer cannot unilaterally change working hours or conditions.

It has to be done with the agreement of the employee.

Can a compromise be reached... maybe where swapping shifts with another worker could be done on occasion?


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## pcocp (29 Jul 2011)

Agreement was not sought or asked for. Employee was notified by letter setting out changes and giving a date when new rota will commence. 

Swapping shifts etc not an option, other employees work in different locations.

The employee is quite willing to agree to changes in the rota, but wants to retain the one weekend off a month. 

I think myself that is not an unreasonable request given the nature of the job.


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## Complainer (29 Jul 2011)

pcocp said:


> Not a trade union member.


Might be a good time to join.


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## millieforbes (29 Jul 2011)

pcocp said:


> Thanks, but I don't see anything in that which deals with this issue.
> 
> Also, NERA contacted and could not offer any advice or suggestions. At all.


 

is it night working or day working at the weekends?


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## pcocp (29 Jul 2011)

millieforbes said:


> is it night working or day working at the weekends?



Both. Rota consists of evening or night shifts during the week and day or night shifts at the weekends also.


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## millieforbes (29 Jul 2011)

I'm guessing it's a pub/ restaurant / hotel job (no need to comment). I've come across a couple of similar examples recently, reflecting that part time staff used to cover some of the hours so that full time staff could be rotated off at weekends but that the part time staff have been cut down to the extent that there's no extra cover

I know of one such case that a union won a reversal of the changes, I think it might have been Mandate, as the case went to the labour relations court the result might be public you could contact theunion for advice


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## pcocp (29 Jul 2011)

millieforbes said:


> I'm guessing it's a pub/ restaurant / hotel job (no need to comment). I've come across a couple of similar examples recently, reflecting that part time staff used to cover some of the hours so that full time staff could be rotated off at weekends but that the part time staff have been cut down to the extent that there's no extra cover
> 
> I know of one such case that a union won a reversal of the changes, I think it might have been Mandate, as the case went to the labour relations court the result might be public you could contact theunion for advice



Ok that sounds interesting. Indeed this has come about due to the loss of part time staff which will not be replaced. 

Where does somebody go to look at publicly available records of previous labour court cases? Online I assume? 

Are there any criteria you could suggest to narrow the search?

Thanks.


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## millieforbes (30 Jul 2011)

http://www.labourcourt.com/labour/l...OpenForm&Start=193&Count=30&Expand=207&Seq=20

It should be on the website above - I'll try and find some more detail over the next couple of days


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## pcocp (30 Jul 2011)

millieforbes said:


> http://www.labourcourt.com/labour/l...OpenForm&Start=193&Count=30&Expand=207&Seq=20
> 
> It should be on the website above - I'll try and find some more detail over the next couple of days



Thanks. Much appreciated.


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