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AIBU?

Can my employer make me do this?

168 replies

thedoginthenighttime · 29/01/2018 19:41

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?

OP posts:
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RaspberryCheese · 30/01/2018 18:49

Dont do anything,just work your contracted hours,no more,no less. Dont rise to the bait. Simples.

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purplebunny2012 · 30/01/2018 19:06

No, not simples. They will change the contract,and if she doesn't sign they will terminate her employment

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ClaraSais · 30/01/2018 19:10

I remember with one job they did change my working hours, even though I wasn't happy about it, there was nothing I could do. However, it does seem that they are being a bit unreasonable. I would def speak to HR and join the relevant union. To be honest it sounds like bullying tactics a little... good luck.

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HermionesRightHook · 30/01/2018 19:15

@crisscrosscranky a friend of mine in a different uni is a union rep who used to work admin in HR and is very good at it. But one of our is a barrister. She's REALLY useful as a rep!

OP, what they need is a weekend supervisor, not you working more hours. It's unsustainable. If they force it through I would be looking for a new job forthwith and good luck to them in recruiting to your role with those additional hours.

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Jux · 30/01/2018 19:21

Go and get proper advice. The HR experts have told you their thoughts, so - bearing mind the MN warning about hairy handed truckers etc - go and check whether what they say is right, and get advice on what to do about it. Just because most people here say your bosses can't do this, doesn't mean they're right. Go and find out.

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TittyGolightly · 30/01/2018 19:47

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?

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TittyGolightly · 30/01/2018 19:47

Yes, it would.

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TittyGolightly · 30/01/2018 19:50

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

Absolutely. Today’s gem - from a manager: “do I complete the paternity leave application form for the staff member or do they?”

FFS.

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ProfessorSprout · 30/01/2018 20:02

It explains a lot of the shit that ends up in my inbox

Here here on this classic @TittyGolightly (late back to the thread because I too was being a “little shit weasel”) is it Friday yet? 🤦‍♀️

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cansu · 30/01/2018 20:12

I think I would ask them to confirm in writing what exactly they are proposing and then reply again in writing what you are unable to do. I would be tempted to reply that you are regrettably unable to change your contracted working hours due to caring responsibilities at the weekend. I would also finish my letter explaining that you will continue to carry out your role to your usual high standards and that this does already mean that you are working unpaid n your breaks to complete the work.

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cansu · 30/01/2018 20:13

I would also start looking quietly for another role.

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iMogster · 30/01/2018 20:14

I found out the hard way that as an employee I have a lot less rights than I realised and saying no that's not fair and I'm not doing it, doesn't work. Also, in a big company even if I am excellent and hard to replace, someone higher up will make me redundant and get someone else in that says yes to the new contract.

I am now freelance and have never looked back!
Enjoy your wine ladies! Wine

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TheBrilliantMistake · 30/01/2018 20:28

They cannot change them without your agreement, but this is assuming your hours of work ARE detailed in your employment contract.

Check all the fine print in your contract, as they have clauses allowing them to make changes without your agreement (these COULD be deemed as unfair clauses, but you'd need legal advise to determine that).

If you do not have your working hours written in the contract, but have been working the same set hours for a long period of time, you might be able to defend the changes, but it's not guaranteed.

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ShellyBoobs · 30/01/2018 20:32

I would be tempted to reply that you are regrettably unable to change your contracted working hours due to caring responsibilities at the weekend.

I bet no one had that on their bingo card, did they? Titty - did you have ‘outright lying’?


I truly do not understand threads like this. Some people must read it and think ‘I have no fucking clue about this stuff but I’ll be fucked if I’m just keeping my trap shut’. And so they just spout any old unhelpful, made-up shit.

Either that or it’s straightforward Dunning-Kruger at its best.

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cansu · 30/01/2018 20:42

Shellyboobs - if the OP has children or elderly parents, which many of us do then that would equal caring responsibilities. I am not sure why that is such a ludicrous thing to say. Obviously if the OP is an 18 year old with no one else to look after then this may be more challenging. I will certainly make sure that I check with you next time before daring to offer any advice or opinion on work issues.

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TittyGolightly · 30/01/2018 20:51

We know the OP has no children from the opening post.......

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SandyY2K · 30/01/2018 20:55

They have to formally consult with you and you have a right to respond.

It's a change to your contract and you can state why you don't want this change for certain reasons. I.e. childcare.

They have to state why this forced change is a necessary requirement..I.e a business need.

I work in HR and we needed to change a contract... we had to consult with Legal and we needed to state on what grounds the change was required. In our case it was on health and safety grounds.

They need a justifiable reason to enforce this.

Any response you make to the proposal must be considered with a written response.

Good luck.

I only read the first page...but hope this helps.

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wheresthel1ght · 30/01/2018 21:25

Remind them that the working time directive states that you can only work 6 out of 7 consecutive days so they cannot just give you 4 hours off and think it's OK. To work 7 or more they have to give you compensatory leave which cannot consist of your normal days off ie they can't claim your weekend off is compensation

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thedoginthenighttime · 30/01/2018 21:29

To all the HR posters ... I appreciate your advice and it's obvious that there is nothing lawfully stopping my employer doing this.

However does that change the fact that this might be unfair?

Just because an employer is allowed to do something, doesn't mean it is right in my opinion.

OP posts:
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TittyGolightly · 30/01/2018 21:31

Remind them that the working time directive states that you can only work 6 out of 7 consecutive days

No it doesn’t.

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TittyGolightly · 30/01/2018 21:32

Sadly, your opinion doesn’t matter.

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waterrat · 30/01/2018 22:32

Regardless of fairness it sounds totally shit way to live and a ruination of work life balance. It will destroy your weekend you will never switch off and for what?

We get one life and its precious...work is a part of it not the point of it...please dont sacrifice your leisure time and life to these arseholes.

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TheBrilliantMistake · 30/01/2018 22:55

You're supposed to have a 24 hour rest period in each 7 days, but that should not be confused with 'a day off'.

If you have a shift that ends at noon on Saturday, you can be back in work on Sunday noon.

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Jux · 30/01/2018 23:05

Start looking for another job.

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alotalotalot · 30/01/2018 23:06

That's shit. I bet if you left they wouldn't find anyone else willing to work 12 consecutive days. They have to split the job up. It may be worth calling their bluff. Personally I'd start looking for another job.

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