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Employer's duty of care?

(10 Posts)
fishybits Fri 26-Dec-14 19:31:53

Just wondering if there is any legal guidance for this situation.

Restaurant kitchen, busy service, last train/bus at 10.30pm, no night bus, taxi £40 to home 12 miles away on unlit, unpaved roads. Chef in question was asked to work passed 10.30 pm, he said yes without thinking and ended up walking home at 0100.

I've said that I thought he should've asked for either the taxi fare home or said no (0 hours contract) the chef has refused up speak up the boss for fear of losing his job. He has been asked to work late on New Year's Eve. I am also a chef there and find the boss to be entirely reasonable but I'm not afraid of losing my job so not frightened of sticking up for myself.

It's not for me to say anything up the boss but if there was any legislation, I'd like to point the chef in the right direction.

InfinitySeven Fri 26-Dec-14 19:35:24

I don't know for sure, but I'd think that it was the employees responsibility to be able to get themselves home. It might be different if there was no transport at all, but the employee chose to work the shift and therefore get themselves home, by taxi or walking or getting a lift etc.

Madamecastafiore Fri 26-Dec-14 19:37:44

It's the employees responsibility to get themselves to and from work no one else's. If he couldn't get home he should have declined the extra hours.

Littlef00t Fri 26-Dec-14 19:44:14

Nope, up To The employee to get home. The only issue would have been if the employee had been forced to keep working after their contacted hours had finished, or after they had agreed to work on.

fishybits Fri 26-Dec-14 19:50:25

Ok, thanks. Next question.

Can he lose his job by refusing to work more hours because he'd miss his transport home and have to walk?

WhyYouGottaBeSoRude Fri 26-Dec-14 19:50:51

The employee is an adult i assume and should know whether they can get themselves home or not. The boss has no responsibility for that!

caroldecker Fri 26-Dec-14 20:12:30

If a zero hours contract then no he can't lose the job, but may be given 0 hours in the future

He can always ask for the taxi to be provided if he's asked to work past 10:30, particularly if it's a one off or unusual situation. His employer can say no, but equally so can he unless he's agreed to work those hours as part of his contract. I got the impression from the OP though that working past 10:30 was unusual?

fishybits Fri 26-Dec-14 20:41:46

Thank you everyone.

It is unusual to work passed 1030 pm, it just happened to be very busy Christmas Eve and will be again on NY's Eve.

Personally, I think he needs to stand up for himself more, he'd be nicely surprised but it's not my place to say so I am but a colleague.

Nickypig Fri 26-Dec-14 22:14:06

Maybe your boss could say in advance of the next busy period (NYE?) that anyone who is likely to need to work past night bus time can let him know and a lift of some sort can be arranged so no wages get spent going home?

Then he gets to do the extra hours, your boss has enough staff and looks good for being thoughtful as well as practical and pre-emptive in front of staff.

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