Law Queries
Compensation for changing shifts
Q. About a year ago, there was a consultation over a change in hours from a 7am to 7pm shift to an 11am to 11pm one. We didn’t reach agreement, but the employer went ahead and imposed the new shift pattern. They’ve now reverted to the original shift pattern, but we have a member who wants to reclaim the costs of a car she bought so she could feel safe travelling home at night. Does she have a legal claim?
If there was no agreement at the time to reimburse your member for the cost of buying or running a car, or any other agreement as to additional transport costs, there is no legal obligation on the employer to pay these costs.
Although the change in hours was eventually imposed rather than agreed, the fact that your members have worked the new shift system for a year without challenge is likely to mean they have acquiesced to the new terms, meaning there is no breach of contract.
Even if that were not the case and you had an argument for breach of contract, that wouldn’t help with the cost of the car since that wasn’t a term of the original contract.