Lots of people do night work you know, Adam

No but presumably you get your rota a couple of weeks or a month before hand? You need to have a conversation with your manager.

But human bodies work in different ways

You can. Give them as much notice as possible just to be nice. But don't turn up just because they put you down for stuff you aren't contracted for, if you don't want to do extra, and especially if the extra is making you ill. I am certain someone else working there would be grateful for the extra hours..given the state of things today. Its near impossible to pick up extra hours for most people.

Sounds like this isn't the job for you anyway.

I get it a week before and ive spoke to him and all i get back is things will change soon bare with me and its been 3 months now

Well its the perfect job when im doing days/lates.

You cant expect people to be ok putting there body through hell and making themselves ill

I can't do nights. At one point in time I had to but it nearly killed me, especially when the shifts were one night on and one night off. I felt so spaced out and just couldn't adjust my body clock accordingly.

I have friends who have done nights for years and they get by on about 5 hours sleep a day. Night shifts are just more suited to some people.

It might be worth looking for another job. Even if you enjoy this one. It does not sound like you are compatible with the team tbh :laugh: They want you to work nights, you don't want to. You say working conditions are awful. they put you down for hours you don't want. You seem to not have a good working relationship with managers if you think that you HAVE to cover extra hours rather than just speaking to them about it,...yeah...not working

'Flexible' only goes so far. Thirteen hours over contract is beyond the realms of 'flexible'

Give them warning and try to compromise, if nights are a problem then offer to work extra hours during the day instead.

But you're contracted to do nights. So unless they're going to let you do days only I reckon you need to be looking for something else.

Shift work isn't fun, it pretty much kills your social life and plays havoc with your sleep cycle. It needs serious discipline to cope with it. If you aren't capable of it, its a bit of a stretch blaming the company for it when its the job you agreed to do

But if part of the job is doing nights, then its not the perfect job. You cannot just decide not to do part of the actual job :laugh: Would be nice if we could just do this, but we cannot

So you've already spoken to him. You've been patient but now your ill. Sounds to me like you need to go over his head and speak to his manager.

Ive been looking for jobs and ive had interviews but some wasnt suited to me

A girl who I used to work with was sacked for handing in a doctor's note saying she had depression

Everyone is contracted to doing nights but abou 70% have not done them since i arrived

13 hours over your contract..no no

go and show your manager how many times you have done this, and tell him/her you don't mind being flexible but not to the tune of effectively 2 days a week, sounds like they are taking the piss, do you get overtime for the 13 hours?

Good luck finding something else.

In the meantime they cannot technically sack you for being ill, but they can get rid for other reasons.

A lot of things you aren't meant to be able to be sacked for but companies know how to get around it.

Well it is there fault when they have been made aware of my problems

sounds like you are the new guy, it happens where the new person gets the thin end of the wedge, time to stop being the new guy and pointing out the bleeding obvious to your manager, unfortunately a lot of the time managers become "friends" with the workforce and then can't make rational decisions. They have to be fair to all their workers and show no favouritism

I have he has been manager for abut a year and was brought in having never managed a 24 hour schedule and the staff hate him because he treats people bad

Should be alright if you've got a doctor's note I'd imagine.

How come it's making you ill? Like in what way?

Hey, I work in contract law, albeit commercial, not corporate. I do think you are on shaky ground, and I don't think the reasons you post here suggest anything for breach by employer, sadly for you.

You would also find it difficult to go down the constructive dismissal route, and to be honest you should just find something more suited to you, as this job clearly isn't. If you are taking sick time, use it constructively to find another job, because you won't win :(

I give my everything to the company i never complain about my problems, i talked to him about them in a calm manner and was willing to negotiate suitable hours including the fact id do the 2 overnights a fortnight he promised not 7 that i get, I do my job meet my targets, Never late ad only phoned in sick once in 6 months compared to onces that phone once a week, i always say behind 10/15 after my shift ends sometimes longer if they need help

There was 3 people after me including one who hasnt done a night in 2 months

But can you demonstrate this in writing? Not being a cow to you, but words won't count.

I lost weight, Loss of appetite, I cant function properly, Getting terrible migraines, Constantly feeling weak and have lack of energy to do anything

If you can't get anywhere with your manager, take it to the next level. The next level often never hear about their unhappy workforce or bad line managers because everything tends to get dealt with at base level. If necessary, put in a grievance against him... though don't do that until you have a reaction to your doctors letter.

Not exactly but it is written on the board in the staff room

Photograph it. And keep doing so every shift change.

Another manager laid hands on a member of staff but wasnt even disciplined so i dont see them caring

Just read a bit more of the thread...

Sounds like they are taking the piss. As to whether they'd sack you or not is entirely dependant on what level you're at as such within the company. Like...they're not gonna sack one of their best workers for this, they're going to do exactly what you want and put others on nights (unless there's good reason for it, like you're better at this work etc). It really depends on your status there is my answer I guess.

Jeez. It's not Sports Direct you're working for, is it?

I think its sad that you suggest this. I know any employment lawyer would tell him to forget it if he hasn't done two years with the company but he's still with the company and there are things he can do to protect his employment whilst he's still employed.

Adam, give them the sick note and see what happens, you never know they may be worried of losing a decent employee and try to work around this with you or they may not, in the meantime look for other job options, worst case scenario they tell you that you aren't suitable for the job any longer but then they have to legally give you notice of this.

Oh and to answer the question no you cant be 'sacked' for handing in a sick note but of your illness is long term or can have long term effects on your employment then they can legally replace you.

Yes, but very little unfortunately, which is why I am encouraging proof. He could protect his employment by fighting hard but I don't feel that's the course he wants to take.

If I am mistaken and it's a case of showing up **** companies for their ****ness then I am 100% behind it, but all too often those companies already know they are taking the piss, and they will draw up contracts regardless of personnel ethics. There is a choice to sign, or not. And I doubt many ppl desperate for a job will try to interpret beforehand.

I wholeheartedly agree that it's sad, and I wish it wasn't the case. I'd rather people fought, I certainly have in the past. But me wishing people would fight for what's right is a whole nother discussion.

I wouldnt say im the best but im certainly not the worse and they know they are getting a good job done with me

My mum told me to call him and record the conversation and say the what the doctor has said but dont tell him about the sick note and see what he says