Can My Employer Change My Shift Pattern

Factory workers pack cake into boxes

As clients and customers come to look a round the clock service, shift working is increasing. For many shift workers, information technology is a choice that offers flexibility, freedom and opportunity to residual family and dwelling house.

Evidence shows that it can foster greater loyalty and retention amongst staff, which reduces an employer'south costs, while at the aforementioned time assuasive its business concern to meet customer service expectations at the busiest times of twenty-four hours (or night). But every bit a business develops and changes, employers may need to vary shift patterns.

These variations may not work for all employees, particularly every bit their circumstances modify with the arrival of children and their differing needs as they progress through schoolhouse.

Can an employer change shift patterns and tin can the employee refuse the changes considering of their childcare responsibilities? In the range of legal support LawBite provides small business concern owners shift working is a hot topic. Some of the nearly common areas to consider are covered below.

Shift Workers Rights

Employees take ii sets of rights: their contractual rights as fix out in their contract of employment and their statutory rights. Whatever request past an employer to modify shift patterns will in function depend on whether an employee'south contract allows the change.

If the contract set out the minimum number of hours that the employee is required to work only, every bit is oftentimes the instance in shift workers' contracts, generally employers can change shift patterns, provided that the employee is nonetheless being asked to work their contracted number of hours.

In addition, shift workers, like other employees, are protected past statutory rights. Amongst other things, these give employees the right to request a change to their working arrangements, including whatever shift patterns, to allow them to work in a way that ameliorate suits their lifestyle.

Since 30 June 2014, this right is not limited merely to those who have childcare and other carer responsibilities, but applies to all employees. It is a right to request flexible working, not to work flexibly, just only one request tin be made in a 12-month catamenia, then it may non exist appropriate if the alter an employee needs is temporary just.

Employers are required to handle a asking in a reasonable manner, which includes considering the request properly and refusing it but for sure business reasons. These include a detrimental bear upon on quality and performance, and the ability to meet client need, equally well as insufficient work for the periods the employee proposes to work.

Even if the employer tin can satisfy one of those business organization reasons and properly reject a request to change shift patterns or to not work new shift patterns, working mothers are protected by anti-discrimination legislation.

Bigotry

As women are by and large the principal childcarers in a family unit, any decision to refuse a flexible working request from a adult female with childcare responsibilities may be indirect discrimination. This occurs when an employer implements a working exercise, such as a modify to shift patterns, which has a detrimental impact on a particular woman and women in general as the primary carers.

In these circumstances, the employer has to be able to objectively justify its do past showing that it has a legitimate business aim and that it couldn't accomplish its aim in a less discriminatory way.

With a alter to shift patterns, aims such as to better see client demand are likely to exist legitimate, so the key question will be, was in that location a better style of achieving that aim? Does the employee accept to work that particular shift pattern to achieve the business aim?

The employer needs to consider, and take evidence to justify, its need to change shift patterns in relation to that employee. If there is a less discriminatory way of achieving the employer'due south aim, whatsoever change in shift pattern is likely to be indirect sex discrimination.

On a practical level, in that location is often a solution that works for both employer and employee if the result is discussed informally. As an employer, consider why you lot need to modify the shift patterns and be able to justify that conclusion with prove. Take you lot considered all the options? Is there another way of achieving the same aim?

As a shift worker employee, speak to your managing director: ready out your issues and concerns, including whether the change you demand is merely temporary; emphasise the benefits to your employer of your solution and consider whatever bug that your manager may have beforehand.

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Information correct as of April 2019

*Louise Paull, a working mum herself, is ane of a number of experienced solicitors providing uncomplicated, affordable, high quality legal services through LawBite. The company supports flexible working and offers rates which are typically fifty% below traditional alternatives. For a free 15 minute no obligation consultation call 020 7148 1066 electronic mail admin@lawbite.co.uk.