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Can they do this?

(9 Posts)
CatchingBabies Tue 07-Feb-17 14:37:31

My partner works for a small employer, there are only 4 staff (2 full time and 2 part time). My partner works part time 3 days a week.

I am having emergency surgery this Friday. Very little warning due to the nature of the surgery. Partner asked employer for the week following as annual leave in order to care for our 3 children as I will be in hospital the first day or two and unable to drive (school run) for the whole week.

Employer said no as one full time member of staff is already off that week. Fine we understood that it was short notice, can't be helped and it's always been the case that only one could be off at once as so few employees.

However today my partner is told that as there is 2 full time members of staff off that week he will have to work 6 days in that week, therefore doubling his contracted hours.

Now only one member of staff should be off at once but the second member has "emergency leave" and happens to be a relative of the employer funnily enough. So that means only 2 part time staff are left in and both have to work full time hours.

My partner cannot do this! The employer knows about the operation as he asked for the week off. He if works 6 days the children won't be able to get to schooll and back as I only have limited help around me and I exhausted that for the 3 days he couldn't have off.

Can his employer make him double his hours?

lougle Tue 07-Feb-17 14:45:29

What does his contract say?

If it says they can expect him to work overtime to meet the needs of the business, then maybe, but I would also expect there to be a clause about reasonable notice.

If not, they can request, but they can't force him to.

CatchingBabies Tue 07-Feb-17 14:50:13

The contract says plus reasonable overtime to cover staff absences. Which is fine but only one member of staff should ever be off at once meaning the overtime is an extra day. By allowing both the only 2 full time staff off in the same week they are forcing both part time members to be full time.

He wasn't even asked either. It's juts been written on the off duty today as expected, no discussion at all.

RacoonBandit Tue 07-Feb-17 14:55:43

According to Acas you can take emergency parental leave regarding the care and welfare of the children. This is unpaid but given what you have said the employer would not have a case against your DH.

OnionKnight Tue 07-Feb-17 16:04:17

The OP will need to look up parental leave but it isn't straightforward and notice may be required.

CatchingBabies Tue 07-Feb-17 18:15:34

He doesn't want to take leave though, we've got the children sorted now for his usual days at work it's just that he can't do the extra days they want with such shirt notice when I'm recovering from surgery.

RacoonBandit Tue 07-Feb-17 18:21:28

But thats when he can use parental leave-to not work the extra hours. No child care.

flowery Tue 07-Feb-17 18:34:20

Parental leave is something different. Emergency dependents' leave is the thing. He could either take that, or (I would) just advise his boss in writing that his contract says 'reasonable' overtime to cover staff absences, but he does not consider working 6 days in one week with very short notice to be reasonable and he is not available for that overtime.

RacoonBandit Tue 07-Feb-17 18:48:14

I did say emergencey parental leave but could not be arsed to type it for my second post as i was still talking about the same thing.

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