Can my employer make me do this?

[thedoginthenighttime]

I'm a regular but have namechanged.

I work in a role with 'normal' office hours. I'm responsible for quite a large budget, of which a considerable amount is spent at a weekend (involves retail without being too outing).

Lately I've been having to log on and do a little work on the weekends, which is unpaid. Today my employer told me they are not happy and want to formalise weekend working.

This will be in the form of two hours each weekend day. It will be every other week alternating with another colleague.

In exchange for this they have offered four hours off during the week. There will be restrictions on when I can take this.

My concerns are:

1 - I already work lunchtimes, late nights to get my work done. The weekend workload will be an addition. I cannot foresee any day where I would be able to take back four hours.

2 - I don't see the weekend work can be completed in this two hours and worry I'm opening myself up for constant requests for work all weekend

3 - It means I'll work 7 days a week

4 - If will mean my whole weekend is disruptive and four hours back doesn't seem enough compensation.

When I raised these points today I was told
I was being difficult. I requested my manager set up a meeting with HR and was told to stop being disruptive.

WWYD? Is this fair?

[Coastalcommand]

What has your union said?
Are your hours specified in your contract?

[ilovesooty]

I don't work in HR but I'm a workplace support officer in my company and there seems to be an awful lot of potentially damaging misinformation on this thread.

[Cubtrouble]

I haven’t got time to read the full thread (I usually do- so sorry in advance) I know this has been mentioned

JOIN A UNION.

30 days before you can use their services.

What’s being asked for is unreasonable. Unless you go from hourly paid to salaried and can take more than 4 hours off- working 7 days would suck.

Good luck OP and don’t let them bully you.

[purplebunny2012]

They can't just do it without changing your contract

[TittyGolightly]

They can change the contract.

[PoliceDoctor]

Ask a really good solicitor to write on your behalf. I dealt with a company that promised to pay me gross as a self employed doctor. Two month later, the BMA, (our trade union), had proved utterly useless. Was recommended to a solicitor. He charged £55 for a letter and the employers paid up in full within 48 hours. Most solicitors are useless, but this one is a pit bull and sorts out the problems with all the delicacy of a nuclear explosion. It works.

[MichaelBendfaster]

I requested my manager set up a meeting with HR and was told to stop being disruptive.


Apparently HR has already been involved and agreed. In my eyes this requires a change in my contract so I would have expected HR to organise a meeting to discuss this with me, but it hasn't happened.


I'm no expert, but this all sounds very dubious. I'd want to talk to an employment lawyer. You can often get a free initial, quick conversation.

[niccyb]

Are the late nights, and lunches and 7 day working that you do due to not being able to complete the work in the hours you are contracted for or is this additional?
If so, effectively, they are changing your working hours in order for you to get the work done by giving you time off in the week.
I would stick to what you are paid to work and agree to the additional hours. They will soon realise that they need to either employ someone else or pay you for what you are doing.
More and more employers want more out of you but don’t want to pay you the time to do it. Keep reporting matters and get the union involved

[Imabadmummy]

Personally I would turn around and say I will stop doing extra at weekends and just do my normal hours.
Don't log in at weekends, go home on time and take a lunch.
You need them to know the workload is unreasonable that you have and you need help rather than giving up your free time.

I know easier said than done but you will feel better in the long run.

[Sarahrellyboo1987]

I would just say “it’s ok, I’m happy not to work on the weekend and leave my contract as it is”.
And I would then be placing a formal complaint about him to HR!

[Biblio78]

Contact HR, and have a look over your original contract. Get a copy if you no longer have it.
Sounds like your manager is trying to make their life easier. Also keep a record of all your work- paid and unpaid for when you see HR.
Remember, legally you can't work more than 48 hrs a week without signing a form stating that you agree to op out of the EU working time directive (I think, it's a long time since I worked really long hours)
Good luck with it

[LunchBoxPolice]

Get professional advice.

My employer changed our hours (we already work shifts/weekends etc though) and told us we now work christmas day and new year's day. It fell under business needs which is fair enough, what can you do.
It sounds like either you don't have enough staff, or existing staff cannot manage their workload.

[purplebunny2012]

I said they can't do it without changing the contract. I didn't say they can't change the contract.
OP, it's up to you if you sign the contract or not. If not, find another job

[PistFump]

As I'm sure someone else has/will point out this is a change to your ts&cs of employment therefore you should go through some sort of consultation process.

[KendalMintCakey]

blow that for a game of soldiers! I'd be looking for another job. You have the relevant experience... Best of luck either way x

[Richdebtomdom]

This is all very Tory dreamland... working constantly with no time off...

[crisscrosscranky]

@TittyGolightly I've opened a bottle, would you like a glass? 🍷

[NippySweetie16]

Speak to ACAS - they have a great website and also an advice line you can call.

[BlackAmericanoNoSugar]

Send an email, copying in HR, asking for full written details of the proposed new contract, job description and working arrangements so that you can seek proper advice. And then get proper advice. All this 'telling' you stuff is far too vague.

Also ask yourself, do you need the job more than they need you? It sounds as though this job can't be done by just anyone, they either need to recruit someone with particular skills or they need to train someone up. That puts you in a stronger position. Also what is the job market like? If you could get another job reasonably easily, then in your position I would be getting my CV out there. Even just giving the impression that you are actively looking might stop them from feeling that you can be forced to do whatever they want. If you actually get a different job with more reasonable management, so much the better.

[NippySweetie16]

Speak to ACAS - they have a great website and also an advice line you can call.

[ToftyAC]

Like some of the others have stated ring ACAS. They can assist and also mediate on your behalf.

[saladdays66]

God, your job sounds like a nightmare if it already involves regularly working (unpaid) evenings.

Definitely see HR. State your case - write down that you have said here. How many hours do you work each week?

Refer to the Working Time Regulations. Also see your union if you are in one...

Sounds like your company could do with employing more staff in your role...

[Nanny0gg]

'The business need to employ and train up another person for the weekend hours.' - No, they don’t.

I'm sure legally they don't (I was suggesting from an employee welfare point of view) but a decent employer would as it would also potentially give holiday cover too.

I appreciate they would have to spend money to do this, but I remember the days when employers cared about the welfare of their staff.

[Nowabruptly]

Generally HR are there to benefit the employers not the employees. By all means speak to them but if you can’t resolve it I suggest you also take professional external advice (union, solicitor etc. - a solicitor would probably have an informal chat with you without charging you in the hope of your taking the matter further). An employer can’t generally unilaterally make a change like this to a contract. Good luck.

[ADishBestEatenCold]

"Having a day off a week isn’t an automatic right. As I said up thread 48 hours in 2 weeks is also allowable."

Would that be legally allowable if all other workers were contacted to have two 24 hour periods off per week, and the company singled out one or two workers to have their contract changed (against their will) to give just half of that (48 hours in 2 weeks), TittyGolightly?