Change of roster

rob6970

Can an employer change my days of work or the hours I work if I've been doing the same roster for over a year now? Contract is flexible but I would've thought after a year it is a working routine

tatli_lokma

if your contract is flexible and states that you will be rostered in accordance with the needs of the business, then this is the ruling factor.
As it is in your contract there is nothing you can do about it and I wouldn't kick up too much fuss either or you will find that you have no hours, not just inconvenient ones.

Clauric

Little Ted wrote: »

if your contract is flexible and states that you will be rostered in accordance with the needs of the business, then this is the ruling factor.
As it is in your contract there is nothing you can do about it and I wouldn't kick up too much fuss either or you will find that you have no hours, not just inconvenient ones.

Not strictly correct. If you have worked the exact same hours/days/shifts for more than 13 weeks, then it can be taken that these new hours are your new contract hours. This de facto contract overrules your original contract, as it has been in place and working for over a year. (On an aside, any changes to your contract of employment have to be agreed between the employer and employee. As you agreed the hours with your employer originally and have been working them, this is a change to the contract of employment. You must agree to any new changes to hours for them to be in effect).

I would ask your employer, in writing, to return you to the original hours you have been on for the last year. You should include the hours/shifts that you were working in the letter. I would also copy a letter to HR. If necessary, I would remind them that any changes to your contract of employment are a matter of contract law, and need both parties to agree to them.

It, however, might be better to approach HR and/or your manager informally first, to discuss the matter. Explain to them that you have scheduled your spare time around your hours of employment. If they bring up your contract, then all you need to do is explain that you need to agree to changes in hours.

For further information, I would suggest here and here

tatli_lokma

Clauric wrote: »

Not strictly correct. If you have worked the exact same hours/days/shifts for more than 13 weeks, then it can be taken that these new hours are your new contract hours. This de facto contract overrules your original contract, as it has been in place and working for over a year. (On an aside, any changes to your contract of employment have to be agreed between the employer and employee. As you agreed the hours with your employer originally and have been working them, this is a change to the contract of employment. You must agree to any new changes to hours for them to be in effect).

I would ask your employer, in writing, to return you to the original hours you have been on for the last year. You should include the hours/shifts that you were working in the letter. I would also copy a letter to HR. If necessary, I would remind them that any changes to your contract of employment are a matter of contract law, and need both parties to agree to them.

It, however, might be better to approach HR and/or your manager informally first, to discuss the matter. Explain to them that you have scheduled your spare time around your hours of employment. If they bring up your contract, then all you need to do is explain that you need to agree to changes in hours.

For further information, I would suggest here and here

From the website you quote Clauric, it states

Work practices can include breaks and rostering, for example. Details of these may also be in your staff handbook and your employer may change these work practices without your consent. It is considered reasonable for an employer to update work practices or processes to save money or increase efficiency.

Where does this fit into the 13 week rule you mention? do you have a link to that about a contract becoming defact after 13 weeks? I'd be interested to learn more about that

Nody

Not only that but going strictly by the book they can make a case for that the position X with working hours Z to Y is now redundant (assuming no one else does that type of shift for that position).

Clauric

From the same website:
Contractual terms include pay, hours of work, sick pay and pension scheme. All of your contractual terms may not be in the written statement of your terms and conditions of employment. Some of your contractual terms could be in your staff handbook, a pension scheme booklet or a collective agreement. You can read more about contractual terms in our document on contract of employment. Changes to these terms must be agreed between you and your employer.

As the OP has worked for more than 1 year with the same hours, they would form part of the contract. IPASS suggest that 13 weeks is enough of a time period for a change to become accepted (can't access their site anymore, so can't post link). 1 year is more than enough.

OP has said nothing about becoming redundant or unemployed on foot of these changes, so there is little point in discussing that option at the moment.

tatli_lokma

Clauric wrote: »

From the same website:
Contractual terms include pay, hours of work, sick pay and pension scheme. .......
As the OP has worked for more than 1 year with the same hours, they would form part of the contract. IPASS suggest that 13 weeks is enough of a time period for a change to become accepted (can't access their site anymore, so can't post link). 1 year is more than enough.

I hear what you are saying, but if it is written in the contract that the hours are flexible and can change without notice, (as is the case in most sectors which require rostered staff) then I think 13 weeks or not, OP would have a hard time pushing this issue further.

We have a staff member who works 3 days a week. It is stated clearly in his contract that he works three days a week, it doesn't specify the days, and mentions that the days can change without notice in line with needs of the business. For 18 mths he was needed Mon, Wed & Fri. Then due to staff changes elsewhere it was more sensible to have him work Mon, Tues & Wed. He wasn't too keen and did kick up a bit of a fuss, but we got our solicitor to check it out and we were told that because the contract which was signed clearly states that certain days are not guaranteed and may change, then the contract would be upheld and employee wouldn't have a case.

However, knowing that the change caused inconvenience for the guy, once staff issues were resolved we amended the roster to days that were a compromise but acceptable for both. He was a good worker and we valued his contribution, so as soon as we were able changed the days to Mon, Tues and Fri.

Perhaps OP could approach management, and acknowledge that he knows his contract states flexibility and he is happy to help out, but explain why the current shift is most suited to his needs and request if possible a return to these shifts as soon as it is operationally possible. And if they agree, get it in writing!

wmpdd3

Where i work everyone has a contract with minimum hours per week. Contract is 5 days over 7, any shift between 6am and 11pm. But, no one is allowed to work the same hours for 13 weeks for the reasons above.