If a company are planning to bring in new working hours?

Cari

Okay, just to clarify what Gail has said ...

There is an EU Working Time Directive which states that in the EU, you may not work more than 48 hours per week. However in the UK (for the moment anyway) it is possible for employers to require that their staff opt out of this, so in effect you *can* work more than 48 hours per week.

However, then there is UK law relating to rest times between shifts, and it is *not* possible for an employer to ask you to opt out of this. There is no arguing with this one. The laws are:
- You must have a break of 11 hours between working days/shifts
- You have the right to 24 hours clear of work each week or 48 hours clear each fortnight

There are some exceptions to this, though, if any of the following apply:
- You have to travel a long distance from your home to get to work
- You constantly work in different places making it difficult to work to a set pattern
- You're doing security or surveillance-based work
- You're working in an industry with busy peak periods, like agriculture, retail or tourism
- There's an emergency or risk of an accident
- The job needs round-the-clock staffing (e.g. hospital work)
- You're employed in the rail industry and you work on board trains or your activities are irregular or linked to seeing that trains run on time

So, if it sounds like your employer is changing your working hours to something which is legal, then all they have to do is give you written notice of the change (whichever is longer: 30 days' notice or one week's notice per year of service), and if you don't want to accept it, then you are without a job.

However, if it sounds like what they are wanting to change it to is illegal, then no, you can't take them to the European Court of Human Rights ... at least not initially. Your first port of call should be your union if you're in one, or ACAS (google them) if you're not. If this can't be resolved, then you may end up needing to go to an Employment Tribunal. But trust me, this will never get as far as the European Court of Human Rights.

You can find another job if you don't like the hours. The company isn't in business to satisfy your needs. It is in business to make money.

gail

What do you call decent living time ?
In the UK we have the working time directive which means you have to have 11 hours off (at least) between shifts and can only work a maximum amount of hours per week. Most companies/businesses have an opt out agreement which all employees have to sign and agree to opt out when they are offered a job, but i know the unions are campaigning the government to get this opt out abolished.

You are under an employment contract with your employer and he must consult with you any changes he intends to make to that contract that affect your working terms and conditions. You have the choice of either accepting that new contract or not and if you don't you are quite free to leave and find another job.
Companies are taking advantage of the credit crunch situation by making changes which may be good for them but bad for the employee but what they need to realise is that this crunch will turn itself around and when it does these same companies will find it difficult to find decent staff and if it does they won't stick around long

GAVIN E

If they are planning to do this, is is a contractual change and therefor needs 28 days notice of the change taking place.

However, once they follow that procedure, then there is nothing you can do.

You either have to comply with the new working hours, or look for another job.

Han

The only thing human rights will cover, will be that you are entitled to regular breaks. I'm afraid the company can pretty much do what they like with your hours, so long as you sign a contract. And if you don't sign they'll say fine, no job then. The words over and barrel spring to mind.

If you don't mind me asking, what is the job, and what are they proposing to change the hours from and to?

Will you be better off financially if you accept these hours? Perhaps even then it's not worth it if you haven't enough decent living time to spend with family... if you feel disgruntled enough to try and sue them, I suggest looking for another job. It's always far better to work with a company than see it as you versus them. Don't forget your employer isn't going to give you extra brownie points for suing them/taking them to court. Even if you did have a case, you probably wouldn't have a job left at the end of it.

If it were me I'd look for a different job.

neeuijima

Fraid companies are not interested in all that soft lingo.

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