About 18 months ago, due to business needs, the company needed to introduce another shift in the Production department. This meant that the start times for the day shift started slightly earlier at
7:00 a.m. instead of 7:30 a.m. and finishing half an hour later. Most of Production worked the day shift and there has been no need for a late shift for some time, so the Manager wants to revert back to the original hours in line with the rest of the company. All production staff have been consulted about this change which will take effect in January 2010.
One employee has stated that reverting back to the original hours will not be convenient for him due to childcare arrangements and he won’t be able make up the shortfall of 2 hours from Monday to Thursday on Fridays (we finish at 12.00 p.m. on Fridays) because he looks after his disabled father and has to pick up his daughter from school.
There will be no-one hear to open up at 7.00 a.m. so it will not be feasible for him to come in at that time and his letter suggests that he has to leave at his current leaving time in order to pick up his daughter.
We are going to have a meeting with the employee but the Manager is proposing that if the hours cannot be made up then he will have to work a 36 hour week; he is currently contracted to 38 hours. Would this be unreasonable if we were to give him notice? Has anyone got any other suggestions and where do we stand legally?
