Changes in shift patterns

Simply changing a shift pattern without reducing the number of workers or the kind of work being done is unlikely to create a redundancy situation, because the employer still has the same need for employees to carry out work of a particular kind — just at a different time. But each case depends on its facts, and in particular, on the significance of the change and the extent to which the new job involves different tasks and duties. Depending on the facts, employees dismissed for refusing to accept shift changes may also have claims for:

• unfair dismissal; and

• sex discrimination

The new case law discussed, which suggests that there can be a redundancy situation where hours are cut even though the number of employees stays the same, may help reps to build a case that a change in shift patterns is a redundancy situation.

As always, reps must consider, in particular:

• whether the contract allows the employer to make changes; and

• whether the member is unreasonably refusing an offer of suitable alternative employment or failing to mitigate their loss.