TRYING TO REDUCE HOURS AT WORK

polly1985 · 2. Dec 2010, 16:40

hey guys, just wondered if anyone could give me advice or point me in the right direction. Its a long story but i will cut it to the most recent issue. I had to take break from nursing in a care home as i couldnt cope with it. So now, after a battle, im organising activities and entertainment for the residents. i am to work 30 hours a week Mon to Fri, but im finding it to hard. I asked my boss today if i could reduce my hours but she fobbed me off, twice. She has basically told me i cant reduce hours as the post is for 30 hours. I have arthritis in my spine and working 5 days in a row and a lot of walking (i never realised how much walking there was involved) I just dont know where i stand. Should i continue the battle to reduce hours to 16hours, or give up the job? i was off for 5 month and going crazy as mentally i want to be working. Dont know where to turn ......

Bookseverywhere · 3. Dec 2010, 06:37

Polly, Sorry to hear you are having these problems.

Do you have a contract of employment (you should: it is a legal requirement for employers to give all employees one)? If so, check what it says about the working week.

Is it a local authority or private care home? If it is a local authority one, then the manager will be bound by the local authority's equal opportunities/anti-discriminatory practice policy which will almost certainly make reference to disability and health. If it is a private one, even if it doesn't have its own policy, if it has a contract with the local authority that will probably include some reference to the equal opps/anti-discriminatory practice.

I'm not sure what the DDA says about reducing working hours, but it is worth taking advice on that -either from CAB or from Arthritis Care or perhaps from a shop steward if you are in a trade union.

I would advise you NOT to give up your job. The problem of course is that if you are feeling unwell it makes it all the harder to fight this sort of insensitive approach from your boss. But don't let her force you out.

Even if you get nowhere with her and feel you have no choice but to leave, you might still have a case under Industrial Relations legislation for what is called Constructive Dismissal - that is where someone's working environment has become so bad that s/he has no choice but to leave.

However, I would try the other approaches first.

Hope that helps.

Best wishes,
Kevin.

janie68 · 3. Dec 2010, 07:31

Hi

It may depend on whether it is deemed as a resonable adjustment. If it is on a ward situation then it could be because as you know there are other staff and use of bank etc that would take up the slack. I was in this position and had it granted.

But because there's no-one else to take up your hours in a care home, it may prove difficult. As Delboy says go over your manager#s head and find out from them. The manager may not be willing to sort it or doesn't know how.

Good luck

Janie

polly1985 · 3. Dec 2010, 10:00

Thanks for the advice Kevin, i got my contract on Monday and ive re checked it but it doesnt mention anything in relation to my issue. There is topics in the staff handbook about discrimination ect but at present i dont think the issue is bad enough to come under that with the guidelines stated. but it is interesting what you said about things i can do if i feel forced into leaving. When i was doing the nursing,i has to go onto light duties as i couldnt do some of the duties (after looking at my job description i realised that when i was on "light duties" i was actually only doing my job descriptions - all the rest of the things i normally done were extras),but then i couldnt manage that and was off sick for a few months when i went to my manager to say i would be unable to continue nursing because i wouldnt manage the extra duties (and manager would not stand by me against the carers saying it was unfair i wasnt helping out despite the duties i wasnt doing was actually their job description) the manager told me i would have to resign, i asked if i could do another job or continue as a trainer for the home she told me no. however when i said i gained advice about it and found that due to a disability the company must find me a post, the manager changed their mind and gave me current post. A few people said that its a shame the company couldnt let me take on a job doing only paperwork, there isnt such a post at present - but someone told me that in another company they created a post for them. Do you know if that is by law or just that that particular big company wanted to help employer. It is a private home but we do get funding from council for some of the rooms. Im just so confused about it all. Its really hard that im not able to do nursing, but i really want to continue with some sort of work. And i get so emotional when im in pain that my boss just doesnt listen to me when i go to office to talk things over. Thank you for your advice and i will check out the DDA guidelines. xxxx

polly1985 · 3. Dec 2010, 10:08

hi delboy, my boss and i spoke about jobshare yesterday. Boss initially said they would post it on job centre site but when i went to talk to them for a 2nd time to see when i could start 16hours as i wasnt able to cope much longer. I was then told to just see how things go next week and then get xmas out the way as that was their main concern what with staff having issues getting in with bad weather. however the other staff not getting in ect doesnt have anything to do with my post so i dont understand why that is affecting me reducing my hours. actually i do - manager thinks if other staff members dont get in then i would be made to put out the medications ect. which i think is unfair. oh i dont know,what with the pain from arthritis and the disc pains at the moment, im not thinking straight. but i do know i cant carry on with these hours. i then get pressure put on me to take up the slack when short on nurses,but i gave up that post as i couldnt manage it. grrrr

polly1985 · 3. Dec 2010, 10:14

hi janie, thnks for reply. How do i find out if it is a reasonable adjustment? I think the only option left may be talking to my managers boss. The only reason i got this job was cos my manager had to phone their boss about giving up nursing and was told to give me a post. I have applied to access to work for help with taxi back and fore to work,would they be able to help me with reducing hours? xx

Bookseverywhere · 3. Dec 2010, 10:25

Polly, Legally your contract of employment should say something about the hours of work. This can be worded in various ways (in the contract we give our employees, we say that hours of work are variable and flexible but that the employee's core hours are...). If the contract doesn't actually specify the number of hours you are employed for, it seems to me that you are on reasonably good grounds in asking for a reduced working week.

I would urge you to get advice from a professional - Citizen's Advice Bureau or elsewhere.

It is sad that some employers don't seem to be prepared to be flexible.

Best wishes,
Kevin.

polly1985 · 3. Dec 2010, 12:40

Ah sorry Kevin, i just reread the contract, it says my normal hours of work will be 30hours per week. and that the hours will normally be worked between (start time) and (finish time) but doesnt specify the actual start and finish time.

I see an advisor for help with DLA as im struggling a lot, but its taking along time for me to accept that i cant do what i used to. so i will ask my advisor for advise on the reduced hours.

Ive maybe taken more on than i can cope with but mentally i want to work but physically its hard. told my boss im having a really hard time at the moment with everything, s over the past 5 years things have slowly got worse and now its reached its poeak - or at least i hope its at its peak and theres not more pain to come hahaha.

I cant thank you enough for your advice.
xx

TRYING TO REDUCE HOURS AT WORK

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