Hello,

An employee has informed us that she will not be able to return on her usual working hours (7.30am start) due to the fact that her husband rerturns home from work at 8.00am. 

We are a manufacturer and her department operates a 2 shift system, 7.30am to 4.00pm or 10.00am to 4.30pm, therefor due to operational needs we are unable to change peoples working hours outside of these shifts. 

We have managed to swap this ladies shift to the 10.00am start to accomodate her in the mornings however overtime is more likely on the later shift as work must be completed at the end of the working day.  All workers on the late shift are required to share any overtime on a weekly basis.

The employment contract states 'overtime may be required as and when required or when the proper performance of your duties so requires'.

This ladies husband starts work at 7.30pm and we are anticipating she will refuse to work any overtime, citing childcare difficulties as it seems she shares the childcare responsibilites with her husband and is not going to put any other arrangements are in place.

It is unfair to expect the same people to work all of the overtime as this causes resentment and loss of morale.

Q. How do people think we should generally deal with employees refusing to work overtime?  and specifically in this case, overtime is required only because she has chosen to change shifts, how do we ensure she works her fair share of any overtime being mindful of any potential discrimination/employment law i.e. right to request flexible working etc? 

Any responses would be welcome.

Regards

Sam