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I have recently started a new contract with my employer (NHS

Scotland), 30 hours per week...
I have recently started a new contract with my employer (NHS Scotland), 30 hours per week, 5 days over 7. Predominantly I will be working Monday to Friday but I have been told they can rota me in for any weekend they choose (and I will be given two days off during that week). Our Rota's are only made up around 4 weeks in advance and there will be no way of telling what my actual working days/days off will be beyond that point. Beyond the rota period if I only require one or two days during a week can I request these to be my days off or do I need to request annual leave?
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Answered in 2 hours by:
6/26/2014
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
Satisfied Customers: 49,019
Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. When exactly did you start the job?
JACUSTOMER-xtwcinkz- : 1/6/14.
Ben Jones :

Hello sorry I was away by the time you had replied and have only just returned. The employer can have such clauses where they can only give you a specific notice period to inform you of your working shifts. There is basically no minimum notice period required in law in such circumstances. Also the employer could change these on an ongoing basis meaning that it is possible for your days off to be different every week, as long as they have given you the required notice to advise of this. This can be somewhat unpredictable but there are jobs which have such arrangements and you may only know what your actual working arrangements are just a few days or weeks in advance, depending on how much notice the employer must give you. However, if you wish to plan further ahead you can request to have specific days off as holidays and this can be booked as far ahead as the employer would allow you. They could unfortunately reject your request for specific days off but of course you could quite easily be granted them off as well. The other disadvantage is that you would be using up your annual leave allowance for this and once you run out you would have to go back to the usual arrangement of finding out the rota when the employer publishes it.

Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks

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Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? Thanks
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Customer reply replied 3 years ago

Thanks. So to clarify, there isn't really any standard procedure and it is up to my employer to choose their own terms for how I should work my hours?

Should an agreed notice period for notifying shifts be set out in writing? Perhaps in my job description?

There is a policy of only being allowed 3 weekends of annual leave per year, but as everyone else works a set rota they can plan when their weekend days off will be and they will only work a certain number of weekends over the year. Technically my employer could put me in every weekend if they so wished, but are still claiming the 3 weekend rule applies. I'm assuming I won't really have many rights on that front either?

Hi, yes you are correct there is no procedure set in law for this and it is generally down to the employer to decide how to deal with such issues and if they have a specific policy on the matter then they should follow it. Ideally there should be something in writing so that all parties are clear what is expected of them but that is not a legal requirement. So you are correct that your rights would be somewhat limited in that respect unfortunately.
If your original question has been answered I would be grateful if you could please quickly rate my answer - it only takes a second to do and is an important part of our process. I can still answer follow up questions afterwards if needed. Thank you
Ben Jones
Ben Jones, UK Lawyer
Category: UK Employment Law
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Experience: Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks
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