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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

Original poster

If you’re part time you should work on days off

222 replies

Parttimeprisoner · 18/12/2018 17:47

Having a slight disagreement with my boss today and wondered what other people thought.

I work PT (20 hours a week) my boss said today ‘when you work PArt time you’re expected to do work from home when you’re not in the office’

I disagree, I’m not paid for more than my hours. I have 3 children, on my days off I don’t have time to work! I get my work done on my days there. Anything that pops up can wait imo. I’m not paid incredibly generously either - just over minimum wage.

I don’t get sick pay or holiday pay (whole other story!) and thought it was bloody cheeky that he’d suggest I should be working on my days off. He said it would be expected at any other company and is the norm.

Opinions?

OP posts:
bellabasset · 19/12/2018 21:12

Your holiday entitlement is 5.6 weeks at 20 hours, about 112 hours.

If you don't want to rock the boat re holiday wait until you leave and then claim the lot.

purplebunny2012 · 19/12/2018 21:23

Your boss is a see you next Tuesday. Never heard anything so laughable in my life. Part time means part paid

Iseveryusernametaken · 19/12/2018 22:05

This is absolutely shocking and I can't believe that this is happening still in 2018. You do have a contract, the fact that he has failed to provide a statement of terms of employment is irrelevant. It is a breach of the working time regulations to refuse you annual leave and you are entitled to SSP after 3 waiting days provided that you earn above the lower earnings level. It is also unlawful to have less favourable terms for part time workers and you would also have a very good case for a breach of the Equality Act 2010 in relation to indirect sex discrimination. Please stand up for yourself or contact ACAS and raise an early conciliation.

Iseveryusernametaken · 19/12/2018 22:06

Lower earnings limit is £116 per week incidentally.

WhoNose88 · 19/12/2018 22:12

I've worked various part time hours when my kids were little and this was never expected, although I did occasionally take home some work as a favour if I was working on a particular project.

Not much more than minimum wage though, and no holiday or sick pay - you must be able to find something better than that, even just for school hours? Have you considered working in a school? You would as a minimum get the same wages (although wages for TAs are fairly abysmal) plus all the school holidays off paid and sick pay.

perfectstorm · 19/12/2018 22:17

He wants a full timer on a part time wage. He needs to take a long walk off a short pier.

If he wants more hours, he pays for them.

rosablue · 19/12/2018 22:23

having got all the evidence in writing as others have suggested, I would give the HMRC helpline a ring over Christmas and have a chat with them...

They might be able to do it so that it comes from them, they could say something along the lines of they need the holiday and sickness pay details for employee xxx (and any other part timers!) as their computers have detected an error in the system, the figures have been left out. And then if it had to be done automatically through their accounts (and I'm guessing they will have an accountant and maybe a book keeper or some sort of accounts person, be they directly employed by the company or just use the services of somebody external). And then t here won't be any point in sacking you because whoever comes in next will automatically get flagged up for the same thing (and they're not going to get much joy out of HMRC if they try the same stunt twice...).

Bekabeech · 19/12/2018 22:36

OP - it is highly illegal. You do have a contract, although it may not be written, although any documentation about your job and your roles and responsibilities form part of that contract.
They are exploiting you massively and if they dismissed you you would have a claim to make against them.
I don't know where you are, but around me term-time etc. jobs are not that hard to come by. I would certainly encourage you to step up your job search. Maybe try Civil Service, NHS etc. jobs.
Your boss is a CF, who having exploited your worries about not being able to find another job so far is now stepping it up.

Some people do work from home on the days they are not in the office - but they are on full-time contracts with flexible working.

TornFromTheInside · 19/12/2018 23:06

It depends on how he meant it.

If he means 'you are expected, by your employer, to do this as a matter of course without pay' then he's entirely wrong and it's illegal.

However,

If he was trying to say 'when you work part time, sometimes people assume you'll just work a few hours extra, or answer emails on your days off' (as in there can be social expectation of this), then yes, he's right - that DOES happen.

For instance, although you might only work 3 days a week, you still have to deal with 5 days worth of email, and constantly reminding people you can't attend certain meetings on certain days etc.
He might have been referring to this - not condoning it, just acknowledging it's one of the knock on effects of part time work.

LollySox · 19/12/2018 23:17

Can't believe how many small business owners are taking advantage of people's 'Britishness' of not rocking the boat. You could definitely have a case with an employment law tribunal OP. We Brits need to stand up for ourselves or it'll be a race to the bottom.

TornFromTheInside · 19/12/2018 23:26

Can't believe how many small business owners are taking advantage of people's 'Britishness' of not rocking the boat. You could definitely have a case with an employment law tribunal OP. We Brits need to stand up for ourselves or it'll be a race to the bottom.

Because a lot of folks really can't afford to lose their jobs, and even if they win a constructive dismissal case, it will only get them by for a short period. Every situation is different, but some industries and companies absolutely abuse the situation.

But also, some small businesses really do struggle to keep some employees because money really is that tight, and the employer is right on the crux of having to make someone redundant. This is where things are at their toughest for both employee and employer. I've seen it happen a couple of times in very small businesses (less than 10 people)

DontMakeMeShushYou · 19/12/2018 23:56

So if you work three days, you should take 15 minutes on the other two to keep a toe in. This isn't a huge request.
[Laughs hysterically and touches Pollymere's arm] - You're such a joker!

In all seriousness though, bollocks to that. I work compressed hours so I have a day off in the week. I certainly don't 'keep a toe in' by checking my emails on my days off and I'm the boss!

ToftyAC · 20/12/2018 00:28

Tell him to jog the fuck on. You are contracted & paid for 20 hours work. You are not paid or should be expected to do anything from home unless previously agreed or contractually obliged. You are also legally entitled to paid time off for hols. If he doesn’t allow it time for the Employment Tribunal.

bridgetreilly · 20/12/2018 00:30

OP, you've worked there for 2 years, so he can't just fire you for no reason. There's a ton of stuff in what you've said that raises huge red flags. At the very least I would try getting some proper advice (from lawyers/union reps/not the internet) and then have a conversation with your boss in which you tell him that you've realised some of your working agreement isn't in line with employment law and from now on, you won't be taking unpaid sick or annual leave. Call his bluff. And then sue the pants off him if he tries to fire you.

bridgetreilly · 20/12/2018 00:33

Also, I work part-time (4 days/week). If I answer a work email on my non-working day, my boss tells me off (nicely). Because he does not expect me or anyone else to work unpaid. And if I do work more hours some weeks, he tells me to make sure I take the time off in lieu to make up for it. Small business: 2 ft and 2 pt employees. The only person who regularly does more hours is the boss. Because he's the boss.

bridgetreilly · 20/12/2018 00:35

Also, also (I am actually really fuming on your behalf, OP), plenty of people work more than one part-time job, often to the equivalent or more of a full-time job. When does he think those people are at home doing the rest of their work for their part-time jobs?!!!

AGHHHH · 20/12/2018 00:51

Your boss is a stupid twat. That's not the case. If you were to do work at home that would count towards your hours and would therefore be a full time job!!

Mummyoflittledragon · 20/12/2018 02:45

Protect yourself. I would be talking to Acas and HMRC. Id also join a union. He really doesn’t need to know the HMRC thing came from you. For now, I’d stick to reiterating you are not availability on your non working days as you are with your son.

Roussillon849 · 20/12/2018 03:39

OP, I don't mean to frighten you, but your boss' suggestion is so highly idiotic that I wonder if there is anything else at play. I wonder if he doesn't like you working part-time and is trying to make a case about you not being able to do your job properly.

I would start documenting any exchanges you have with him of this nature, starting with the one where he asked you to work on your days off - ie, start a passworded Word doc where you write the date and time and what he said, and keep adding to it.

You might also want to confirm anything said verbally by email. For example, you might want to send him one saying something along the lines of "further to our conversation on X day, I wanted to confirm that I will not be working on my days off as I am paid to work 20 hours per week". Or similar - something unloaded and non confrontational but clear. And keep copies of the emails.

Apologies if any of this has been suggested already - I've skim-read the thread quickly focusing mainly on your posts.

Cornishclio · 20/12/2018 04:58

Nope. I worked part time for many years, three days a week. If I checked emails or did anything on my days off it was very rare if we had event running the following day. It was never expected though.

OliviaStabler · 20/12/2018 05:09

I wonder what other laws your boss is breaking?

Maisymoo22 · 20/12/2018 06:24

Your boss is a pillock and he’s talking pillocky hillocky frillocky bollocks!!!
Tell him to take his bollocks for a frillock in the hillocks!!!

Stormy76 · 20/12/2018 08:10

No it's not expected at all, I work part time and don't work on the days I am not paid ....what a dick.

Awwlookatmybabyspider · 20/12/2018 08:39

So basically he wants you to put extra hours in for free. There's a word for that.

haloumi · 20/12/2018 08:58

If in your contract your salary is based on a full time amount of X but you get a fraction of that, pro-rata then you work the hours you are paid for. Full Stop. Or if you are hourly paid, you work the hours you are paid for.

Some people who are looking for career progression might chip in the odd extra bit here and there, or maybe work some extra on projects.... but that would be based on "popping out" for the kids nativity or something and not having to take holiday.. "You scratch my back, i'll scratch yours" type thing ....

I suspect this is NOT what your boss is thinking.... He's just being a VERY CC .