Employers should only use these clauses to vary a contract if they have a good reason, for example the business is struggling financially and needs to cut staff hours. If you’re unhappy about a change to your contract and don't want to accept it, there are steps you should follow. If an employer tries to force a member of staff to work nights, and the member of staff refuses, such a confrontation is bad for everyone involved. While the work is technically the same, the flow of the day is quite different. The required amount of notice varies from state to state. A change from day work to shift work with or without night shifts was associated with an increased risk for long sleep, and a change from shift work to day work with a decreased risk for long sleep and fatigue. An award, enterprise agreement or other registered agreement can have a specific definition of what a shiftworker is, and what type of shifts they can work.. Find information about shiftworkers in your award by selecting from the list below. I haven't worked a night shift before and I … Is it legal for them to do so. What can my work do to me if have no childcare? When told that your shift pattern may change it is important to establish your legal rights. Defendants do not present evidence that allowing Plaintiff to be excused from working the graveyard shift on April 6, 2011, would have caused them an undue hardship. They may also be required to be available to work upon request at any time of day (on-call). Other studies have shown a link between fatigue and workplace injuries and accidents. Our superior alow one worker to work day only us we work night and its pain cos i live a 4mouthbaby but she dont want to rotate 3 shiftwith us and the Hr dont want to solve these matter, I was working for two years straight night shift and then they moved me to work on day shift during the lock down my mother got sick and cannot 100% look after herself I got a friend to help out during the day yesterday my manager ask me move to night shift I tried to tell him why I can't go to night shift but he didn't give me a chance to explain I told him that I can't go tonight but he insisted and said if I don't go to night shift then I have no work I must stay at home and he will book me fora hearing I even recorded him he said that he don't care whether I go to ccma or what he don't care he asked my supervisor to call the securities to escort me of the site later that day so my supervisor phoned me and said that I must write a letter as to why I can't work night shift I explain to them they phone me and told me that I must get proof by her doctor that she's a patient there and that I'm the cargiver and then he phone and said that he won't accept that he wants a doctor report from my mother doctor I then told him that the doctor said that he won't be able to give me more than than information due to the fact that my mom is the patient and not me and that it's private and confidential my mom also don't want him to give out any information about her sickness so the manager phone me and told me that he won't accept that letter and he don't care he just want to see me night shift I then spoke to his boss looks like he is taking the manager part and is also not replying to my messages I desperately need advise pls I'm clueless, I was working for two years straight night shift and then they moved me to work on day shift during the lock down my mother got sick and cannot 100% look after herself I got a friend to help out during the day yesterday my manager ask me move to night shift I tried to tell him why I can't go to night shift but he didn't give me a chance to explain I told him that I can't go tonight but he insisted and said if I don't go to night shift then I have no work I must stay at home and he will book me fora hearing I even recorded him he said that he don't care whether I go to ccma or what he don't care he asked my supervisor to call the securities to escort me of the site later that day so my supervisor phoned me and said that I must write a letter as to why I can't work night shift I explain to them they phone me and told me that I must get proof by her doctor that she's a patient there and that I'm the cargiver and then he phone and said that he won't accept that he wants a doctor report from my mother doctor I then told him that the doctor said that he won't be able to give me more than than information due to the fact that my mom is the patient and not me and that it's private and confidential my mom also don't want him to give out any information about her sickness so the manager phone me and told me that he won't accept that letter and he don't care he just want to see me night shift I then spoke to his boss looks like he is taking the manager part and is also not replying to my messages. My employer due to covid is switching our shift from 12 hour days 2 on and 2 off to 3 on and 2 off then 2 on to 3 off and they are now say we are going to move to monday thru friday. Your employer should follow a fair procedure if they want to use a variation clause to make a change to your contract. Make it clear to your employer that you won’t accept the change. NHS Choices - Information on hospitals, conditions and treatments. To change your sleeping pattern, it is important to understand that your body has a natural clock (called the circadian rhythm) that is controlled by light, certain components in your food and your hormones. However, workers have the obligation to report conflicts. Where do I Stand in regards to Workplace Law? Now due to covid-19, i assist in home schooling the kids because my wife works day shift. 1 decade ago. I work weekends only9fri sat sun)12hrs shifts total of 34.5hrs perweek. 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