Working days contract - employment law?

[ness1402]

Hi all! Need some advice, can anyone help? I am currently contracted to work Sat, Wed and Fri - 16. hours per week. My employers are trying to make me work Sat, Mon, Wed and Fri every week ( no increase in my hours) which would mean I would never have two days off together. i am unusual in my service in doing every Sat, as all other colleagues at my grade do every other Sat or none at all. I find this difficult as I am a single parent and it means less "quality time" with my children, plus problems with childcare. But I do it, as I can manage with Sun, Mon, Tues off. But with Monday put into my working week ( which will be a late night, won't get home until 8pm, more childcare probs!) I feel that it is unfair.

Any advice? Can I be forced to change my contract?

[sillygirl1]

You should have a 48 hour break sometime within your working structure, cant remember where in the Working Time Directives it is but it does exist.

 

You really need to get somebody from your local Trading Standards to look at the employment practices in the company, they could be breaching a lot of other legislation without being punished for it.

[ness1402]

Thanks for that, much appreciated

[elpulpo]

Do you have a written statement of particulars of employment (a written contract), Ness?

If so, does it specify your working days, or just your contracted hours?

How long have you been working your existing Sat, Wed, Fri pattern?

Have you discussed this issue with your employer?

 

I must confess that I don't know much regarding parent/childcare rights, not being a parent myself (as far as I know). I'll have a look about for you.

It does seem unfair, given your situation.

[elpulpo]

ignore this.

[elpulpo]

You should have a 48 hour break sometime within your working structure, cant remember where in the Working Time Directives it is but it does exist.

 

You really need to get somebody from your local Trading Standards to look at the employment practices in the company, they could be breaching a lot of other legislation without being punished for it.

I don't agree, sillygirl1, sorry.

An employee is entitled to 1 day off out of 7. This can be extended to 2 days out of 14.

The WTR is a waste of paper, IMO

 

Trading Standards is a body that protects the rights of consumers. It doesn't enforce employment law.

[bobbuilder]

Hi,

 

Just to ensure I've got it right, your employer wants you to work your contracted hours (16) across 4 days, instead of 3 that you currently work by adding a duty on Monday?

 

A couple of points here. 1st what iis the reason that you have been given about the need for this change?

 

2nd - what does it say in your contract/particulars of employment? i.e. does it just say that you are contracted to work 16 hours per week or does it also specifiy that you will do this on Sat, Wed and Fri? or over 3 days?

 

If it does not specify that you work them over 3 days / the specific dates, then provided you have been given 28 days notice then you would need to do it.

 

Also, with regards to the children ... how old are they? What is the issue re. childcare etc? Legally you are entitled to make a flexible working request, and you employer is required to seriously consider it (there are lots of easons why they can refuse a request). Whether this is worthwhile really depends on the organisation you work for and the reason why this change has come about.

 

However, for childcare, the likelihood is the response will be tought and you'll need to sort out something. You might be best pursuing the quality time with children apsect (but again, depending on the situation this may not be successful).

 

Finally - The working time regulations are not of any use to you in this circumstance (unless there propsals result in less that 10 hours between each shift).

 

If you want to discuss more... PM me.

[teaboy2]

Hi,

 

Just to ensure I've got it right, your employer wants you to work your contracted hours (16) across 4 days, instead of 3 that you currently work by adding a duty on Monday?

 

A couple of points here. 1st what iis the reason that you have been given about the need for this change?

 

2nd - what does it say in your contract/particulars of employment? i.e. does it just say that you are contracted to work 16 hours per week or does it also specifiy that you will do this on Sat, Wed and Fri? or over 3 days?

 

If it does not specify that you work them over 3 days / the specific dates, then provided you have been given 28 days notice then you would need to do it.

 

Also, with regards to the children ... how old are they? What is the issue re. childcare etc? Legally you are entitled to make a flexible working request, and you employer is required to seriously consider it (there are lots of easons why they can refuse a request). Whether this is worthwhile really depends on the organisation you work for and the reason why this change has come about.

 

However, for childcare, the likelihood is the response will be tought and you'll need to sort out something. You might be best pursuing the quality time with children apsect (but again, depending on the situation this may not be successful).

 

Finally - The working time regulations are not of any use to you in this circumstance (unless there propsals result in less that 10 hours between each shift).

 

If you want to discuss more... PM me.

 

Please keep any dicussion in the open and in this thread. this site does not condone advice being given via pm as such advice by pm maybe misleading and not entirely correct dispite the advice givers good intentions. It also will prevent other caggers with knoweldge of the specific subject from giving their advice too which may well or may not be better advice. So if you need more advice or want to give more advice please post here on the thread as all those that have posted so far will automatically receive an email and will response accordling. so theirs no need to PM unless you want to involve confidential information that can not be posted on an open forum or can not be edited out.

 

With regards to the OP original post i agree with those that have said about flexible working and you will find the following to links useful to you.

 

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10029491

 

http://www.direct.gov.uk/en/Employment/Employees/Flexibleworking/DG_10037051

 

also if you have been working your current hours/days for a set length and it doesnt state anything about what days you work in your contract and only just the amount of hours your expected to work then they would have to give you notice of 28 days i believe, failure to do so and failure to take into account the addition childcare issues or parental issues this would course you would be unreasonable on your employers part. And you should applie for flexi hours under the flexible working times and then state your days and hours your willing to work. Note this will then become part of your employment contract so it will then state the days and hours you are to work.

 

If it states in your contract that your working days are SAT, WED and FRI. then they can not force you to work any other day without yourself agreeing to it. So simply inform them you are unable to work Mondays due to parental reason including childcare and quality time with your children and put it in writing, do 2 copies of it and ask them to sign and date both prior to letting them keep a copy. that way you have some ammo to throw at them if they try to force you into working mondays or if you suffer any harrassment bullying, descrimination or victimization for refusing, in which case tribunal action will be available to you and the ammo will prove very useful and hard for them to defend against or denie since they signed it.

Edited January 3, 2010 by teaboy2