Outraged

[andi02]

I was reported recently by a supervisor for 'failing to carry out a reasonable request'. I attended a 'Fact Finding Interview' and pointed out to the interviewer that this request was in fact given to me in the middle of my allotted break period. In addition, the nature of the request was not conducive with normal working practices; therefore not reasonable. I pointed out that under the provisions of the Working Time Directive 1998, which protects to all workers from day one, that it was illegal to dismiss an employee for insisting they use their allotted break periods. The interviewer took notes of all these facts and informally agreed that I was correct and there was no case to answer. I also suggested that the email that the supervisor had circulated to senior management was an example of victimisation as he made it quite clear that I should be dispatched to other duties and not treated the same as others doing a similar job, as he didn't feel I worked in the best interests of the company because of not surrendering my break. By the supervisors own admission in the email he circulated, he gave his instruction to me at 16:15, my duty card clearly shows I'm on a break period at this time. Despite all this I was still given a letter of notification of a formal disciplinary interview, now scheduled for this Wednesday at 12:00.

 

The company has also not booked me into my normal duties for this day but left it open showing no work before or after the interview.

 

Advice is required here please because despite an initial acceptance that I've done nothing wrong and that any action taken against me may be outside of the law, they seem determined to push this through so as not to lose face. :-?

[elpulpo]

The problem with the Working Time Regulations is that there are exemptions with regard to such aspects as rest breaks.

See Regulation 21 (e).

 

Therefore, arguably, an employee can't refuse to carry out a request because they are on a rest break.

 

If the needs of the business require it, the employer can demand that the employee carry out the request, and then give them a compensatory rest period at a later time.

 

The WTR is a piece of legislation where seemingly 'The large print giveth and the small print taketh away'.

 

It would really depend on the circumstances.

 

The email you mentioned does seem unfair. This should be brought up.

[cynic09]

While dismissal for asserting a statutory right would be automatically unfair.

Refusal to carry out a lawful instruction from a superior would be likely to be construed as gross misconduct. I agree with elpulpo, there's nothing in the WTR that allows employees to refuse instructions

[andi02]

Thanks for the replies so far guys but I feel I must give more details, this is difficult without making it obvious what or who I'm talking about. Suffice to say that the break period was only 16:09 till 16:22. The request was made at 16:15 with only 7 mins left of the break anyway, which I had put aside to finish my coffee and to go to the toilet. I would then be expected to work until 20:00 with no toilet or refreshment facilities available. I work outdoors not in an office so these things are very important considerations.

 

In addition, I can't go into details, but I was being expected to then do something which flew in the face of the normal industry standard and could have got both me and the company in to trouble. All this was explained at the fact finding interview but seemed to cut no ice.

 

All breaks, no matter how small are unpaid; I didn't even have to be in the vicinity at that time therefore I can't understand why this is being perused.

[cynic09]

I imagine it's being pursued on the grounds that workers point blank refusing to do as instructed by thier line managers is potentially very serious.

occurs to me theres more value in the actual instruction, your line manager can't lawfully instruct you to break the H&S act for example.

The WTR is no defence however

[SkintGirl66]

Yes agree with Cynic (sadly) maybe you can construct a defence down the Health and Safety at Work Act route? seeing as you work outside... and not subject to the normal office environment?

 

Without knowing the specifics its difficult to comment. But it sounds to me if they've got you with failure to Comply To With A Reasonable Instruction from a Supervisor etc etc.....

[scousegeezer]

but I was being expected to then do something which flew in the face of the normal industry standard

 

I would suggest that this is not a reasonable request in view of what the OP has to say about the request. If the request is not best practise according to their own standards and possibly illegal - this is assumed as the OP does not want to say too much - the it is unreasonable of the line manager to want the OP to carry out the instruction and therefore discipline should not follow. ESPECIALLY as the first manager to carry out the initial investigation agreed with the OP.

 

Cheers - Scousegeezer