Dd works for M&S initially on a part time temporary contract and now on a permanent 15.5h contract (that states the need for flexibility). Dd during the holidays works up to 20 hours extra per week and in term time as and when she can but on average 6 to 8 hours over contract. There was a short time in April where she wasn't technically under any contract as she was expecting to be let go but because they didn't sort the contracts they verbally asked her to stay. During this time she was due to go away but hadn't booked holidays because she didn't expect to still have a job. They weren't happy but initially said if she could arrange cover it would be ok then changed their mind and so she stayed home and worked instead. We booked a holiday for next week, she requested leave weeks ago. Last week they said she couldn't have the Saturday and Sunday off but Tuesday was fine (these are her contracted hours) Dd although disappointed didn't comment and instead arranged to travel to us separately on Monday instead. Yesterday she was told that whilst Tuesday had been granted they had put her in for Wednesday and Friday instead. Dd reiterated that she would be on holiday and so wasn't able to work then which didn't please her line manager who hinted that she wouldn't be meeting her contract needs for flexibility. Every request for leave previously has been denied (because they don't employ enough staff) Can I ask would dd be considered unreasonable by refusing to work Wednesday and Friday and how is she supposed to book a weeks holiday if she books off her contracted hours and instead they put her in for other shifts?
She's contracted to work Saturday, Sunday and Tuesday. She will work Saturday and Sunday as she has been refused leave. Tuesday will be paid leave. They have asked her to work Wednesday and Friday (this isn't contracted hours) this is supposedly at her own free will although it's not been put like that as her manager says she isn't showing enough flexibility even though they are the first two days she has turned down and has worked many days with no notice when they phone at 9am to be in for 10am. How can she get a week off if she can only book leave for the contracted hours particularly as her number of days leave is in proportion to the contracted hours she works?
She can get a week off by refusing to work overtime during her holiday. She'll still be paid for a week if she's working two days and taking one day holiday, so this would be extra and if she's not available she's not available.
Her line manager doesn't sound particularly reasonable I agree, but from what you've said, your DD isn't being threatened with disciplinary action or anything is she?
Dd is sensitive so might be reading more into it than there is but apparently her line manager said that refusing would mean that she wasn't meeting the terms of her contract (the flexibility clause) The thing is the line manager doesn't seem to consider the hours dd does over her contract as overtime at all rather she has a full time position with a part time contract. Dd has been working six days a week and is still considered unreasonable if she states she can't work the one day before the next six day stint. She seems to have all the cons of a ft position without any of the benefits tbh.