Work forcing me to go in on non working day.

[LittleBooInABox]

Hi all,

I've been two-ing and throwing with my employer for a few days and need some advice.

I text my manager saying I could only work Thursday and Friday if half term because of childminders only working days two weeks ago. I was told we're not planning that far ahead and that week will be looked at in due course.

Fast forward to Tuesday - new rota in my inbox for next week Tuesday and Wednesday. I send an email saying I can't work these days childcare issues offer to have it unpaid. I like my bosses, they've always had a family feel to their small business. Got an email back to say. No due to the needs of the service those were my days, and I needed to do them. End off.

I tried to call my boss, as agreed by text message yesterday several times, no answer. Tried again today - nothing.

I have managed to beg, a heavily pregnant friend to have my son for a few hours Wednesday so I can go in but am still unable to work Tuesday.

What's annoyed me is that Monday and Wednesday are my normal working days, and we've had Monday (bank holiday) put as a normal day off not holiday as normal because of the needs of the service. And had my days moved. One of my other colleges who doesn't work Mondays is working this one, and I've been shafted.

I've tried contacting my big boss by phone who seems to be ignoring me, and my boss on the ground just says I need to speak to other boss she won't deal with it. I can't work Tuesday, and I feel I'm being pressured into it.

WIBU to send an email to big boss, stating I won't be doing Tuesday but will do Wednesday as per my normal working schedule? Or... help

What does your contract actually say?

Have you checked what your contract says?

can you not use a holiday club for a couple of days?

If the company is operational on Monday surely you work your normal days?

ilovesooty Where I work everyone has to work so many Bank Holidays so sometimes someone will be working the day (usually a Monday) even if they are not contracted to work Monday. It is meant to make it fairer otherwise only those contracted to work Monday would work at least 4 of the Bank Holidays each year.
OP In this case you need to find what the contract says. You say you usually Mon and Wed. You offered to work Thur & Fri but that is not what your employer/wants or needs. Difficult to see how you can avoid working Weds as it is one of your normal working days. Tues - I think you need to see this as them letting you have the Bank Hol Monday off (which many would desire) and asking you to work Tues instead.

Can you arrange to swap shifts with colleagues? Some might not mind which days they have off.

Swapping shifts would be my first thought sadly we are down to two working members of staff.

My contract, I haven't actually had one I don't think. I'll ask for it.

Yabu in that the Wednesday is your usual working day, so you should organise childcare in anticipation of this. Or book holiday enough in advance

The bank holiday Monday being moved is different, and entirely down to your contract.

The Wednesday is your responsibility to sort, it's your contracted day to work, unless you have negotiated in your contract to reflect this.

How long have you been working there without a contract? Isn't that illegal?

Well, depending what you do for work, it seems as though you've been given less than one working day's notice, so ignore your rota and go in as agreed on Thursday. Have you actually told them its half term next week? Did they know you can only do Thursday and Friday next week?

The only way you can guarantee you'll have time off in school holidays is a term-time only contract. It doesn't sound like this is what you've had agreed sadly.

If Monday and Wednesday are your contracted days I'm not sure why you think you can dictate that you can't work those days at certain times/weeks?

Wednesday is your day to work so you'll have to work it.

I don't think you can just expect to text and get whatever days off you want!

Wednesday is your contracted shift, you can't just opt out because it happens to be half-term. Why haven't you booked holiday or organised childcare?

The Tuesday shift in lieu of working bank holiday is unfortunate but I don't think you can refuse to work it if you're getting the bank holiday off instead.

It's toing and froing.

Even if you have no written contract, you still have an implied one as you habitually work Mondays and Wednesdays. However, as PP have pointed out you cannot turn round and say that you're working Thursday and Fridays next week, much as they cannot insist that you work Tuesday and Wednesday.

Sorry, but your text would have hacked me right off. You don't get to tell your boss which days you will work to fit around your childcare, especially in the week everyone wants off. If Monday and Wednesday are your normal days you should have asked for holiday, and offered to work Thursday and Friday instead if required. If the deal is they give you a rota, you need to arrange childcare to suit, sorry. Do you have a partner? holiday club? You have to go in if you want to keep your job.
You could then ask to clarify what flexibility there is with regard to work days for the future.

two-ing and throwing has really cheered me up

Presumably the reason you are unable to swap with a colleague is the same reason they need you to work those days? Could your DC stay overnight at a grandparents? Or arrange a holiday club? DP take time off work? Cross cover childcare for the week with other working parents you know. How old are your DC and what hours do you work? I would say the days they have given you are fair based on your normal working days and the bank holiday

It totally depends on what your contract states. If your normal days are Mon/Wed, wondering why you haven't arranged childcare for those two days already?

The Tuesday shift in lieu of working bank holiday is unfortunate but I don't think you can refuse to work it if you're getting the bank holiday off instead.
Unless contracted to work Tuesdays, or the contract states what happens in the event of a bank holiday, then by making the OP work Tuesday is in breach of contract

Book your ds into a holiday club, you are treading on thin ice with text messages like that.

I text my manager saying I could only work Thursday and Friday if half term because of childminders only working days two weeks ago.

But your working days are Monday and Wednesday. You can't text your boss telling them you're changing your working days because you can't get a babysitter.

FDD where I work we would only get a percentage of bank holiday if part time so in OP case 2/5. so would get 40% off in lieu to take as annual leave if working the monday, and if not working the monday, would be allocated another day. Difficult if OP doesn't have a contract though.

ACAS is a good source for this sort of issue re contractual obligation. The OP should have been given at least a basic contract with hours, holidays etc but the fact the employer has not done so doesn't make it illegal. Sounds like they are a very small business and don't have flexibility regarding giving people all the time off they ask for, when they ask for it.

Would be worth getting them to issue you with something formal
OP then at least you'll know how they're prepared to operate, and they'll have to abide by the rules themselves.