contract change

[Sidewinder]

Everyone was told about a month before the stock take that all holidays were cancelled unless you brought poof...

 

Sorry - juvenile I know.....

[Sidewinder]

As far as the overtime request itself goes, this would almost certainly be considered a reasonable request, particularly as there is a clause where such overtime might be required in the interests of the business, and especially as ample notice appears to have been given.

 

The employer seems to have handled this badly, but providing that everybody has that clause in their contract, the employer would (IMO) be entitled to issue warnings UNLESS those not working had genuine reasons for not doing so.

[Sidewinder]

Thanks Sidewinder and for the giggle,(must check my posts before i hit submit)

 

So the defence would be I have other commitments or no one to look after kids, what about it going over the 48 working rule no one has ever been asked to sign any agreements that I am aware of.

 

You want to see some of my mistakes!

 

The Working Time Regs are a non-starter in this situation, as they provide only for AVERAGE working hours of 48 hours maximum calculated over a 17 week period, so this would only be a factor if the overtime was being worked regularly enough to affect the average - or if somebody has another employment and the enforced overtime at this workplace was sufficient to affect the overall averaged hours.

 

A defence is certainly that circumstances outside of work made it impossible to comply with the request for overtime on this occasion - childcare that could not be rearranged, family responsibilities elsewhere etc, however the employer could argue that such problems could have been advised before the stocktake so that they were aware.

 

It's a tricky one - nobody actually likes being forced to work extra hours, but from a business perspective, sometimes it is necessary. The key will always be negotiation.

[Sidewinder]

Absolutely. The employer in that case would be prejudicing the disciplinary process. A warning should not be issued without a hearing and importantly, a witness being present, the allegation being presented and representations made. Have a look at the company's disciplinary procedures and apply them to what has happened.

[Sidewinder]

Depends on why he was sacked. If for an isolated incident then this is probably excessive, however if it is under a totting up system and the employee was on a final warning for other matters then that is one of the perils of disobedience. however it would also depend very much on the mitigation for not working the stocktake.

[Sidewinder]

Agreed. Hit them with a formal grievance citing clear and repeated breaches of the Order, and also the cover-all Section 2(1) of the Health & Safety At Work Act 1974 - Failure to ensure the safety of employees, and Regulation 12(3) of the Workplace (Health, Safety and Welfare) Regulations 1992 - failing to keep the floor free from obstructions. State that you have previously expressed concern that your safety is being put at risk and that no measures have been taken to rectify the situation. Should the obstructions not be cleared and the walkways and exits kept clear, then you will feel compelled to escalate the matter further.

 

Take photos of the obstructions on a mobile phone and keep a note of whom you reported this to previously - you wouldn't want to be labelled a troublemaker without evidence. Airing genuine concerns affords you legal protection should the employer choose to be difficult!