Employment law. Quick help please.

[AndyBrad]

Hi folks. Quick one on the way home from work.

Let's day someone is working and contracted to 24 hours a week.

seperatly The company has employed someone to work a night shift. It has turned out that the new employee isn't capable of this and the existing employee has been asked to take this on the night shift or else they 'might loose there job' was the phrase used.

Is this right ? Does the existing employee have to do this ? What if any are their rights ?


Cheers.
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[ClunkintheUK]

Just a thought from the non-legal aspect. The employer would be on dubious grounds at best, but unfortunately with employment law there are two sides. Even if they have no right to fire, they have no obligation not to lay them off, or to promote them, or make any concessions to a normal life. They can essentially start "Employing to contract".

Also depends on "Isn't capable" If the new employee is rubbish, then the existing employee is in a stronger position. Even if they move the existing employee to nights, they still have to re-hire for the day shift. If the New employee is refusing to work nights then its a different problem. If it is difficult to find suitable employees, and there are other jobs I'd advise the existing employee to move to nights temporarily and find a new job.

[Spank86]

Depends on the contract that the existing employee has.

[Runako]

Some contracts have a "catch all" type phrase such as "...and any other duties required in the role". Best bet is to speak to a union representative (if you have one) or contact your local CAB for free confidential advice. They can review and relevant documentation with you.