Anyone with employment laws experience?

(8 Posts)
Gooseygoosey12345 Mon 14-Nov-16 18:11:43

My other half has been asked to stay away with work, due to personal reasons (that I don't particularly want to discuss) this is not exactly possible. There is absolutely nothing in his contract that states he should have to do so and it was not mentioned at the start of his job. He also mentioned to his boss previously that he would not be able to stay away overnight. His company have told him to speak to other employees to get them to cover his overnight stay but is that his job to do so? He is speaking to his colleagues but if they refuse then what? He is always willing to go above and beyond with work and is happy to travel there and back but if it's a lot of travelling it's not reasonable to do so on a regular basis. The whole reason he took this job was because he couldn't stay away and this was supposed to be daily work!
Any advice would be great. Thanks

WhisperingLoudly Mon 14-Nov-16 18:17:46

Most contracts include a broad clause that states "other duties as required to fulfil the role" so unless i) over nights have explicitly been excluded or ii) dependent on nature of "personal" reason then he's likely going to find himself in some difficulty

confusedandemployed Mon 14-Nov-16 18:20:18

I take it that it's a relatively new job?

Gooseygoosey12345 Mon 14-Nov-16 18:20:54

Thanks for replying! I've read through his contract but can't see that or any similar statement. Quite frankly it doesn't cover much, it's not a great contract as far as contracts go. It's just really irritating when his boss said it wouldn't be an issue. Would he have a leg to stand on legally?

Gooseygoosey12345 Mon 14-Nov-16 18:21:19

Hi confusedandemployed! He's been there 5 months ish

Thatwaslulu Mon 14-Nov-16 18:22:09

Does your DH have a mobility clause written into his contract? This is a clause that can't be implied, it has to be expressly stated and clear. Could it harm his prospects by refusing the overnight stays? If the employer accepted that they would not be required, and is now saying that he can arrange for someone else to cover them, they aren't forcing him to stay overnight. If he can't find anyone willing to cover them he would need to negotiate with the employer.

Gooseygoosey12345 Mon 14-Nov-16 18:27:38

His mobility clause states only that he can be asked to work from another depot which isn't the case in this instance. I guess it could harm his prospects but if it's been accepted that he can't do it surely that's not acceptable? Would that be considered a verbal contract? I think he'll have to speak with them. A lot of his colleagues are unhappy with it too and to be honest this isn't the only time that they've upset their employees. It's annoying because other than this the hours are good for us and the money is good too. I just hope they can negotiate something that works for both parties

Gooseygoosey12345 Mon 14-Nov-16 20:44:52

We've just figured that it's only an hour away :/ he's going to see what they say about coming home as his work hours are technically 6-2 so would be more reasonable and cost effective to allow them to drive home and go back the next day

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