Refusing to do a longer job

[notadriver]

If you are a bus driver or coach driver on scheduled work on a rota with set start and finishing times, can the company just put you on a different shift that day if they feel like it or do you have a right to start and finish at the times shown in the rota?

I'm asking because my bus driver friend regularly gets given a longer job as doesn't seem to have a choice.

 

[Blueiain]

Who does this person work for?? Does this person have a union?, when I was a bus driver, the said company could not change your shift unless you agreed to it and were given compensation for that change, it's can happen due to staff shortages but it's few and far between.

If the person works for a small company with few drivers, the company might ask to change start/ finishing times to meet the demands of the company, but you would know that at interview when asking if you would be flexible to changing shifts at short notice.

 

[notadriver]

It's one of the London bus companies and he says the union are useless.

 

[richw]

It would normally depend on their contract. My contract for example states my company can not change my rota unless they give a minimum 30 days notice, without my consent to do so.

 

[CatfordCat]

Subject to the disclaimer that I'm not a lawyer or HR expert...

It really depends on what this person's actual contract of employment says.

If the terms and conditions of employment - and case law has held that company policy documents and in some cases 'accepted custom and practice' can legally be seen as part of a contract - say the employer can do this, or quite possibly if the contract doesn't say they can't, then the employer can do it.

If such changes to duty caused working hours to breach drivers' hours and the like, then that's a different matter - it is generally speaking legal to refuse an instruction to do something illegal.

The trouble with unions is that too many people see them as something only to go to if they get in to trouble and keep their heads down the rest of the time.

It's a bit chicken and egg - if members in general don't support the union (i.e. their colleagues) then the union isn't going to have much clout and people will feel less inclined to support it...

 

[TheGrandWazoo]

Subject to the disclaimer that I'm not a lawyer or HR expert...

It really depends on what this person's actual contract of employment says.

If the terms and conditions of employment - and case law has held that company policy documents and in some cases 'accepted custom and practice' can legally be seen as part of a contract - say the employer can do this, or quite possibly if the contract doesn't say they can't, then the employer can do it.

If such changes to duty caused working hours to breach drivers' hours and the like, then that's a different matter - it is generally speaking legal to refuse an instruction to do something illegal.

The trouble with unions is that too many people see them as something only to go to if they get in to trouble and keep their heads down the rest of the time.

It's a bit chicken and egg - if members in general don't support the union (i.e. their colleagues) then the union isn't going to have much clout and people will feel less inclined to support it...

That's a pretty decent summation for the most part. It is all down to specific terms and conditions of employment. Some may well have it that 24hrs notice is the only notification needed, some (as quoted) is as much as 30 days. However, an employer cannot compel someone to break the law.

The trouble with unions....Yeah, that's fairly true, though not helped by either unrealistic members or individual shoppys using them for their own means. Of course, you might not need unions if you didn't have some poor employers or managers!!

 

[34D]

It's one of the London bus companies and he says the union are useless.

The sort of contract I would expect they use would surely require ultimate flexibility from the staff?

 

[Teflon Lettuce]

as a bus driver and formerly as a allocations officer in london here is my 4 pennies worth on the matter.

usually the company will give you a rota to work from. At law this constitutes an integral part of your contract and can only be varied by mutual consent.

where there is union representation the company will pass the new schedules to the union reps about 30 days before hand and ask them to agree those schedule changes on behalf of their members. the union may decide to accept, reject or refer to members at a full union meeting.

if accepted by the union it is then deemed that all staff have agreed to the changes and the changes become part of the integral part of the contract.

Your enquiry was about short notice changes. As an allocations officer it was my responsibility to find out which drivers wished to work their rest days and to allocate them work and notify as SOON as practicable.

however sometimes it was impossible to fill all spare duties with the drivers available (usually due to drivers hours regulations). It was then neccessary to
ASK drivers to change their shift. There was no way on earth that I could force a driver to change his shift, nor could he be disciplined or sacked for refusing a change.

in any case I am sure that if taken to tribunal in that situation the ET would find in favour of the driver.

both as allocations official and driver it is my experience that when a driver is asked to change his shift the sweetener was to be paid "longer of the 2" ie if original shift is 12hours long and new shift is only 9 then still paid for original shift.

HOWEVER... if your friend is a casual driver or has signed a contract stating that he will work any shift on set days then unfortunately it is probably the case that he will not have the right to know exactly what time he will start/ finish until the day before.