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Employment law help please

(3 Posts)
dawnysand Fri 24-May-13 19:23:01

Some help please

I work full time in a care home and work on a rota system> this means that I work every other Monday. My day off frequently falls on a bank holiday. If my day off is a bank holiday then my employer pays me a days holiday. I dont want to take a days holiday when it should be my day off but my boss insists that he is entitled to do this.
Can anybody tell me if he ha a legal right to do this and if not can you please give a link to the information that i need as my boss wont listen to what i have to say

squawkparrot Wed 01-May-13 17:34:05

You're probably going to think this unhelpful. But let's see. You ask what can I do?

The law is a funny thing and has the capacity to let people down just when they need it. What can you do?

You can resign and possibly claim breach of contract, or more correctly unfair dismissal in tribunal if you have enough service. These things take six months maybe more and in the meantime no job no income. And the chances are from the little I know you might not win. You will have to get the employment tribunal claim in, known as an ET1within 3 months of leaving. The sooner the better

You can ask your union. But they are only in a position if strength if enough people in the workplace are in the union. And it does not seem as though it has been that helpful so far.

Or you can appeal to your bosses reasonableness. But that does not seem hopeful.

Or when you do leave make sure you take all the holidays due. Give no notice and leave him enough problems. But only if you think you may never be going back or need a reference.

Get another job?

Or, and you will not like this, put up with the boss and keep taking the wages he pays. There's a recession out there, a lot of people are being abused at this time. You are one of the luckier ones.

Said you would not like it, but I think that is all I have.

One last thing, I've just written a paper on zero hour contracts. Don't if you can help it get a job with one of these. Don't.

whatnowe Tue 23-Apr-13 22:30:14

After maternity leave I applied for flexible working ( 4 days).

It was agreed that I could do this if I returned in a slightly different role. The role was less responsibilities, which was verbally confirmed via my union. Pay was slightly less, as I had given up some responsibilities. I accepted this.

I have now returned. I am in a role where I am expected to continue performing many of my original duties, which I had been told I wouldn't have to do.

I have been told if I want the role with less responsibilities I will need to re negotiate and take a significant pay cut.

Otherwise, to continue pt I need to do the addition responsibilities.

Can they do this?

Sorry it's vague but don't want to out myself.

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