to not wanna work on Sundays

(30 Posts)
gringosnake Mon 10-Dec-12 08:48:01

My work suddenly decided on Saturday that they wanted me to work on Sunday for 3hrs to get the store ready for competition opening up soon (turned down) Then told that the rota has been done for the month and that I AM working 10-4 Sunday the 23rd Dec. My store has never opened on a Sunday EVER (or at least in the 6yrs i've been there). I have said no to this but have been told that I need to talk/explain myself to the store manager. I have already made plans with my ds for that day. AIBU?

What's in your contract? If its never open on Sundays I seriously doubt Sunday working is in there.

If it was me I wouldn't justify myself, I would just simply say I'm not available for work on Sundays. However, don't listen to me, this kind of shit is why I work for myself grin

Icelollycraving Mon 10-Dec-12 09:00:16

Is it a retail store? You must be the last store to start Sunday trading if that is the case,particularly at Christmas. I think if they have given sufficient notice,they can request you work & it's up to you to try to state your case.

MrsSantasCervix Mon 10-Dec-12 09:01:21

YANBU, why should you have to 'explain yourself' for not wanting to work on a day you are not contracted for work? (I am assuming of course you have contracted hours).

Repeat "I am not available that day, sorry" YOU are not in the wrong here, your employers are if they take action against you for this.

MrsSantasCervix Mon 10-Dec-12 09:02:19

Icelolly, notice or not, if she has contracted hours she is not obliged surely?

Yes, it depends on your contract.

But if your contract doesnt have specific days and times eg Mon 9-5 Tues 11-3 etc then you will be expected to work hours which meet the needs of the business. And I assume if they are only starting to open sundays or are doing it for xmas, they will say its vital for the business.

CajaDeLaMemoria Mon 10-Dec-12 09:03:21

Check your contract.

If it's retail, there is probably a Sunday trading clause, and also a clause about working hours that benefit the store.

In which case you will need to see your store manager, and explain that you have plans that weekend - it may be that they offer to cover you that once, but you will need to work Sundays in the future, or it may be that they expect you to cancel your plans on the 23rd because you've already turned down this Sunday. I suppose it'll depend on the size of the store, your manager and how many other people would want to work/do overtime on that day.

Sunday working sucks, but you are unlikely to be able to avoid it if your managers want you to do it.

AlexanderS Mon 10-Dec-12 09:04:29

I will be working on the 23rd from 7.15 to 19.45. I'd happily swap with you and do 10.00 - 16.00.

I think you are being a bit unreasonable. It's one Sunday, you can do what you've planned to do with your DCs some other day (presumably) and in jobs you have to show you're flexible and a team player and all that. If they started asking you to work Sundays regularly I agree with Lauries that the terms and conditions would have to be laid out in your contract. You should also get some sort of antisocial hours pay enhancement - I get paid time and two thirds for doing Sundays, and consequently actively want to do them (there's also generally a chilled-out vibe on Sundays so it's usually a pleasant shift).

Not every retailer does pay extra for sundays. They arent required to.

TimeyWimeyStuff Mon 10-Dec-12 09:08:50

AFAIK, with Sunday working you have to agree to it in the first place, by signing a work contract that specifically mentions Sunday working. If such a contract exists, you can opt out of Sunday working by giving notice in writing. BUT if your shop has never opened on Sundays, I suspect it is not something you have ever agreed to, in writing or otherwise, so you can just say no.

Makeminealarge Mon 10-Dec-12 09:11:28

In retail you can 'opt out' of Sunday working in writing but at top of my head it takes some time to go into effect. If this is applicable it will be stated in your contract x

HorraceTheChristmasOtter Mon 10-Dec-12 09:11:48

I would expect your contract will state something about 35 hours in any working week, or hours subject to needs of the business or similar. If they need you to do the hours and you don't have specific contracted days, then it's fair enough you do it tbh. If your contract does say you do 9.30-6 Mon-Fri, tell them no, but I would offer to do the Sunday running up to christmas. It shows good will towards the company which tends to be remembered in retail...

DevaDiva Mon 10-Dec-12 09:12:44

From what I remember you need about 4 weeks notice for a change to your contracted hours. So yes your employer can change it but I don't think you've been given enough notice. I agree this sucks but then you are in retail, hope you come to a satisfactory conclusion

Shakirasma Mon 10-Dec-12 09:13:29

OP. I asked a similar thing on the employment boards, not about Sunday's, but about being expected to fit in with things at the company's whim.

It became apparent that many people believe that you should be available for work 24/7 regardless of your contracted hours, and every responsibility you have at home you should be willing to push aside in an instant to please your God like employer.

Cos you are down right lucky to have a job, aparently.

gringosnake Mon 10-Dec-12 09:18:58

I would be paid normal rate. it is retail (hard to explain without making it obvious which chain I work for but you wouldn't normally see one open on a Sunday). Cannot really change plans with ds. my contract says that I work 39hrs over five days. We javelin been told there would be TOIL but I have a feeling this'll be lost in the system

I think you are being a bit sensational there Shakirasma.

A contract is a contract and a job is a job. If you dont want anyone having demands on your time dont work and dont claim benefits. Simple.

gringosnake Mon 10-Dec-12 09:21:44

*have not javelin

gringosnake Mon 10-Dec-12 09:23:37

unfortunately it seems that shaki may know the ethos of my company

AlexanderS Mon 10-Dec-12 09:30:19

"It became apparent that many people believe that you should be available for work 24/7 regardless of your contracted hours, and every responsibility you have at home you should be willing to push aside in an instant to please your God like employer" - we are talking about one Sunday! Is it worth pissing your employer off over one shift, OP?

Icelollycraving Mon 10-Dec-12 09:30:23

If you have no set days in your contract,you have already refused to work a Sunday then personally I think you need to think carefully about how to play it. I assume other staff will be working when perhaps they don't want to? I will be working until 1130 tonight, I don't particularly relish it but it is Christmas trading & that is my job.I'm a retail manager.
Fwiw I have a team that have everyone from 17 year olds living at home,single mums to a grandmother who is retirement age. I ask everyone their preference & requests for days off or specific shifts & try to be fair. In your case,someone has to work,are others happy to work the shift for you? It may be they need your skill set on that day etc

gringosnake Mon 10-Dec-12 09:42:26

I had also been asked to work late on Thursdays (by text from assistant manager on the weds night at 9pm).To which I made my point about being asked by text the night before. But nevertheless I agreed as I don't wanna say no to everything. But it's the way you're told not asked and made to feel when you say no.

Icelollycraving Mon 10-Dec-12 09:47:06

Retail now has longer hours than ever before. No one really works 9-5 in retail anymore do they? There are late nights/weekends/early morning delivery/events along with normal day to day trade.

Hippymama Mon 10-Dec-12 09:49:15

I'm guessing you work for a toy shop and I think they are being a bit unreasonable. You've never worked a Sunday, in all the time you've worked there. Many people have commitments when they have families, particularly on days when you know you are not working.

They are not being unreasonable to ask you to work, but you are also not being unreasonable to tell them you have other commitments if you are unable to work.

Retail is not a child friendly (or life friendly for that matter) profession to be in.

AlexanderS Mon 10-Dec-12 09:54:37

By the way, I think the nature of the plans you've made with your DC are relevant. Have you booked and paid for non-refundable tickets? In that case I think you're ok to say no, otherwise I think you should do it for the reasons I gave above.

gringosnake Mon 10-Dec-12 09:55:45

it is retail but it's a pawn shop (not saying which company tho)

AmazingBouncingBabyJesus Mon 10-Dec-12 09:57:07

If you are indeed working for who I think you are working for (store that never opens Sundays) then YANBU. It's not like you've known that you could be working a Sunday. You've been given too little notice (I'm sure it's supposed to be 3 weeks) and have every right to decline working the shift.

AmazingBouncingBabyJesus Mon 10-Dec-12 09:58:16

Oh xpost I thought you were at the place that famously refuses to open sundays! grin

Still think yu've been given too little notice though...

Icelollycraving Mon 10-Dec-12 09:59:50

Well I assume in the current climate pawnbrokers are doing well & want to really 'cash in'. Makes sound business sense. As suggested by alexander if you have booked tickets sometime ago,that may get you off. If it is a day that can be rearranged,then I think you should work it.

samandi Mon 10-Dec-12 10:11:43

YANBU. Your employers sound rather disorganised.

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