An employee in 2005 was on long term sick as a result of high blood pressure, diabetes and depression. Occupational Health were involved at this stage and in terms of his return to work, advised that the employee should be moved from a 12 hour 4 on, 4 off shift pattern, to a dayshift Mon – Fri to assist with his return to work. They also stated in their report that with medication, all 3 issues above should be controllable.

This situation has not been managed, and the employee has therefore continued on the Mon – Fri shift pattern for the past two years. For business reasons now, we need to review the situation as we do require the employee to return to his substantive shift pattern – but legally where do we stand, because it has been so long??

I plan to involve Occupational Health to get an assessment in terms of reverting him back to his previous shift pattern, but due to the length of time in the Mon – Fri shift pattern, does he have rights of custom and practice – has it now become his contractual shift pattern??
Lesley Keenan