working hours opt out procedure

[noogie]

My husband had signed an opt out of the european working hours as it was presented with his contract. He signed his contract for 45 hrs but as said then signed the opt out clause(he wanted the job)

He now works 6 days a week 9 hrs a day. Is he stuck? is is right?

He did 9 hrs the other day and then went home, he had started early as requested bt the firm to do something for them and because he went home after 9 hours they are tryning to do him on disciplinary as they state he should have stayed until 7 but he went at 3pm. (He has been working since 5am). He has never refused to stay on he has gone in on rest days and is always top at his job.

 

Can they do this or are they being unreasonable. Also the line manager he upset did the investigation is also holding the disciplinary. I dont think that is right

Advice please

[maroondevo52]

Hi,

 

I'm no expert but believe the guy that conducted the investigation cannot hold the disciplinary.

 

Any result of the disciplinary will not stand.

 

I'll try and get a Mod more clued up to advise.

 

Regards.

 

Scott.

[pt2537]

just a point but he can sign back into the cover of the WTD by giving his employer notice and should not suffer detriment for exercising this right

 

as for his working times, first point to note is that hours of work should be included within the statement of particulars of emplyment, as these form the basis of the contract of employment, if his hours are set out within this , and the em[loyer did not ask him to work overtime then i think they will struggle with a disciplinary hearing

 

Is he in a union at all?

[weejay6000]

'I'm no expert but believe the guy that conducted the investigation cannot hold the disciplinary.

 

Any result of the disciplinary will not stand.

 

I'll try and get a Mod more clued up to advise.'

 

 

I'm very interested in this point by Scott, is there anybody that can confirm this is the case for me?

 

 

Thanks

weejay

[maroondevo52]

Hi,

 

My wife works in HR, I'll see if I can verify the statement.

 

Regards.

 

Scott.

[elche]

'

 

I'm very interested in this point by Scott, is there anybody that can confirm this is the case for me

 

ACAS guidelines for disciplinary proceedings indeed do state this. However, in the old (pre 6th April 2009) guidelines, they also stated that in some small companies this would not always be possible, I presume this is also in the new guide - I don't have a copy with me right now.

 

But as an investigation is an informal procedure it is merely best practice that a separate manager do the D hearing, not a legal requirement.

 

That said, do check your company's Disc Rules and procedures to see what they state the process should be.

 

Che

[weejay6000]

Hi,

 

My wife works in HR, I'll see if I can verify the statement.

 

Regards.

 

Scott.

 

 

Thanks very much Scott.

[weejay6000]

ACAS guidelines for disciplinary proceedings indeed do state this. However, in the old (pre 6th April 2009) guidelines, they also stated that in some small companies this would not always be possible, I presume this is also in the new guide - I don't have a copy with me right now.

 

But as an investigation is an informal procedure it is merely best practice that a separate manager do the D hearing, not a legal requirement.

 

That said, do check your company's Disc Rules and procedures to see what they state the process should be.

 

Che

 

Thanks for the reply elche

 

I've checked my Company Handbook and it doesn't specify who will hold the investigation or who will hold the Disciplinary.

 

Saying that, my Company employ a few hundred people so it would have been best practice if one person conducted the investigation and a different one held the Disciplinary hearing.

 

weejay

[noogie]

thanks for the input, bad news the instigator, hearing judge,jury dished out guilty verdict and sacked hime for gross insubordination, the reasons were not the ones at the original disciplianryone point was he refused to help the investigator to establish the facts well the investigator was the one who brought the complaint so he would know what he claimed has happened.the whole thing has been total lies and quite honestlt I feel so sorry for my hubby he did nothing wrong other than this manager taking a dislike to him. He is a crafty man with no scruples. My hubby has appealed I just hope this isnt heard by him as well.

[weejay6000]

Sorry to hear that.

With my Company it's the Director who deals with the appeal.

Good Luck.