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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

To give notice if work won't let me take time off... Very stressed

50 replies

littlemissangrypants · 24/03/2013 12:55

I'm a support worker and am a part-timer. I only work weekends. When I started this job they gave me so many hours I almost had a breakdown. My doctor made me have two weeks off. Work forced me to return early so I didn't get the two weeks break but they agreed to decrease my hours.
I thought that would be the end but at the moment I do 29 hour shifts (without breaks) so still do far too many hours. They have refused my requests for leave so out of 106 hour entitlement I have only been allowed 19 hours holiday but I lose £50 as a result due to sleepover not being done.
Now I'm moving house and it's very stressful so I asked for a week off in April. They agreed but it seems like they now won't allow me to take the holiday. I'm going out of my mind with stress and need a break. Going bald too. So am I being unreasonable if I hand in notice to preserve my sanity?

OP posts:
littlemissangrypants · 24/03/2013 13:27

I support more than 1 person and some of them don't sleep. I might be able to catch two hours sleep if I'm very lucky. No other breaks though as they have to be cleared with management and they won't. Staff turnover is very high. Most tend to leave after 6 months.
Don't get me wrong I'm bloody good at my job. My bosses like me and tell me how good I am and how hard I work. They just expect me to do it year round with no holidays. We have managed to have a few days away but just during the week.
I missed boxing day at home and my sons 13 birthday. I am not asking for much but 19 hours off work every 3 months should not be too much to ask.
I think I will be looking to do care of elderly people I their own home once I leave. I have so much to offer but I do need respite in between.
Also to clarify when I went off sick i was still working full time and longer hours. Over 60 a week

OP posts:
amothersplaceisinthewrong · 24/03/2013 13:28

A continuous 29 hour shift without a break of any sort?? This must be illegal. How can work have forced you to return if the doctor signed you off sick. Surely if something happened to you because of that they would be in trouble. Go for constructive dismissal!

littlemissangrypants · 24/03/2013 13:30

For the person who asked about hours it's something like 9am Saturday all the way through to 4pm Sunday.

OP posts:
FarBetterNow · 24/03/2013 13:30

Contact ACAS. They will give you good employment advice and join a union like UNISON, though your employer will not like that.

I'm not sure that it is legal to work that many hours without a break.

This is an example of the joy of private enterprise.

DontmindifIdo · 24/03/2013 13:32

You sound stressed, go back to the doctor, get signed off for at least a month. Refuse to go back before that time is up. Take some time to recover and think about what you want to do, perhaps start looking for another job.

Realistically, it doesn't sound like this is the long term job for you.

FarBetterNow · 24/03/2013 13:33

I wonder what their Risk Assessments are like.
How can a worker make a good decision in the event of a crisis, when they haven't slept for 30+ hours.

DontForgetTheLightAlesLawrence · 24/03/2013 13:33

Sounds bloody awful, OP. I'd start looking elsewhere. Whilst not perfect, voluntary organisations or your local authority will offer better conditions IME. I really worry about the people supported in these private companies - not casting aspersions on your working practices at all btw.

You have my sympathy. Good luck!

NorthernLurker · 24/03/2013 13:33

Leave. If you're working 42 hours a week you're due more holiday than 106 hours btw.

chunkythighs · 24/03/2013 13:37

I worked those kind of hours for years. 8x25 hour shifts plus assorted day shits per month. That's the nature of residential care I'm afraid.

It took a while to get used to- and it's not for everyone. If its too much op, find something that doesn't wear you down. You work to live not the other way around!

chunkythighs · 24/03/2013 13:39

I also had day shifts with my day shits.........

DontForgetTheLightAlesLawrence · 24/03/2013 13:41

But 25 eight hour shifts spread over a month is a little different isn't it chunky? That's quite standard really.

Fairenuff · 24/03/2013 13:41

For the person who asked about hours it's something like 9am Saturday all the way through to 4pm Sunday

Well, that's 31 hours for a start, not 29. You have several options.

  1. Tell them you will only work a maximum of 12 hour shift (or whatever you think is reasonable). Tell them you will be taking a ten minute break every three hours and a half hour lunch break (or whatever you think is reasonable). Tell them you will be taking holiday, put the dates in writing. Then do it. If they dismiss you because of it, it will be unfair dismissal and they will have to pay you compensation.

  2. Leave now and claim constructive dismissal.

  3. Get signed off by the gp and do not go back to work until you are deemed fit and well enough to do so.

  4. Join a union and ask them to look into your situation.

  5. Look around for another job and then give notice.

DontForgetTheLightAlesLawrence · 24/03/2013 13:42

Day shits, yep. And night ones.

DontForgetTheLightAlesLawrence · 24/03/2013 13:43
Grin
DontForgetTheLightAlesLawrence · 24/03/2013 13:43

The trouble is that these private bods don't recognise unions.

FarBetterNow · 24/03/2013 13:46

Looking at your previous threads, nothing has improved at your work.

You have stuck at it for months but are still getting treated badly.

The easiest option is to look for another job with an employer would appreciates your efforts and treats you fairly.
Start looking this week, after you have caught up with your sleep.

If you go down the legal complaints route the stress will be enormous.

Best wishes to you.

PessimisticMissPiggy · 24/03/2013 13:50

National minimum wage implications? Please call www.gov.uk/pay-and-work-rights-helpline

Julty12 · 24/03/2013 13:51

What you are doing is actually illegal. You are not allowed to do a wakeful after that amount of hours and certainly not allowed to work after it too and an inspector will pick up on it and it will be your fault as well as the care manager.

Happens in most care homes and the manager will probably alter the rota to make it legal and advise you on what to say if an inspector asks about the amount of hours you do. Basically nothing you can do about it, you either put up with or leave.

To be honest, what you are doing is pretty damn easy! My weekend shifts used to be 3pm Friday until 6pm on Saturday then back in at 9am Sunday until 9am Monday, I used to look forward to the weekends when I only did 9am Saturday until 6pm Sunday. On top of this I had two nights in the week, starting at 3 usually and finishing 9am the next day, these were also wakeful nights.

It really doesn't sound like this job is for you if you can't handle one shift a week and need two days to recover from it.

chunkythighs · 24/03/2013 13:53

dont I worked 8 x25 hour shifts plus 3-4 8 hour day shifts. I worked this pattern style for 15 years or more. It's absolutely standard in the industry. However some res homes have stupid roster systems. I wouldn't consider working in a place that didn't I've me every 2nd weekend off.

Working over the holiday period is expected- where else can the clients go? It's their home after all. I suspect op may be working with those with learning disabilities.....I left that sector for similar reasons. Children in care suited me better.
Op needs chat to her colleagues and suggest a better working roster for the unit.

Charliefox · 24/03/2013 13:58

Do you feel like you are strong enough to just sit down with your boss and just be clear about your contracted hours and what you're prepared and able to work? This whole culture of, go to the doctor and get signed off with stress, really annoys me. You do sound stressed but far better to actually try and resolve it amicably than get signed off. If your employer isn't willing to budge, then just calmly say that unfortunately, this makes the position unviable for you and you're giving your notice. There are no end of care-related jobs and you should have no problem finding another.

DontForgetTheLightAlesLawrence · 24/03/2013 14:01

Apologies chunky, I turned your digits round! 25 hour shifts - are you meaning you did late sleepover early? In that case, yeah that IS standard. Yes the op does work with people with LD. As you say, those hours are usual.

In any case, the OP's employers sound like a bag o shite. Whatever her hours. If the op is being woken during her sleepover (assuming that's what she means by waking sleeps), then clearly the people she supports require actual night awake staff too.

DameSaggarmakersbottomknocker · 24/03/2013 14:01

You could leave or you could stand up for your legal rights.

You are entitled to a break on a shift longer than 6 hours.

You are entitled to time off between shifts (11 consecutive hours in any 24 hour period)

You are entitled to paid holidays.

You are entitled to join a union even if the care home doesn't recognise it for negotiation purposes. A union would help you if you stand up to them and then they constructively dismiss you.

Do you have a copy of your employment contract?

chunkythighs · 24/03/2013 14:08

dont it was easy to do.. We were 'allotted' 8 hours for sleep-midnight to 8. But I never ever got close to that. According to the rules we were paid a set sleepover rate and if we worked during this period we could take time in lieu. ( never bothered half the time tbh).

Agree management are Shyte, if staff are regularly loosing their sleep allowance then they need to adjust the roster to incorporate live nights.

Fairenuff · 24/03/2013 14:16

In reality you just need to stick to the terms of your contract. If you are paid to sleep, then you should sleep. If you are paid to be awake on night shift, then you stay awake.

Stick to the terms. Leave at the end of your legal shift. Just walk out and go home. Tell them, in writing, that you are taking a certain day as holiday (give reasonable notice) and then do it. Don't go to work on that day.

There is a lot you can do to help yourself here.

DontForgetTheLightAlesLawrence · 24/03/2013 14:19

Gosh, we used to have 10-7:15 as our official sleepover times. We had it easy! And we had awake night staff. Blimey we had some moany buggers though if their sleepovers were interrupted (which was rare).

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