Can employer expect this

[Ineedsleeprightnow]

I’ve recently gone back to work after raising my sons for the last 10 years, one has Autism so l couldn’t go back to my career.

I’m working as a house cleaner for a small local company as it’s fits in with my son. I only work 12 hours a week, usually Mon/Thur/Frid. My contract says working days are Mon-Friday 9-3. Generic as dictated by the fact that there are 4 of us and all work different days etc.

To my question… can my employer really expect me to be available for work 9-3 Monday to Friday when I’m only paid for the hours l work?

Example… I’m off today/tomorrow so I’ve planned stuff, my food shop, dentist, clean my dads house etc. Boss has texted me this evening asking me to go in tomorrow to do one job for 2 hours. Surely I’m not obliged to agree, or am l given my contract states Mon to Fri 9-3.

I'd read that from your post (without seeing the contract) that you will work 12 hours a week, and those 12 hours will be on a mon-fri between 9-3. schedule. I don't read it that you'll work every day between 9-3 but that all of your 12 hours will be between those times.

Would those hours tomorrow take you above 12 hours for this week? Or will they be replacing other hours you might have got on other days?

I have seen similar threads in Legal Matters, usually for shift in supermarkets, and the general answer was that yes, unfortunately he can...
You should probably read your contract again

Yes it would take me over my 12 hours but she has said she will reduce hours next week.

lt would appear that she expects us all to ge available every week day 9-3. We get a rota on Friday evening for the following week, although it’s nearly always the same jobs since we have our regular clients.

Can she really expect us to be available despite not paying us for the hours she expects us to be available?

Usually in a supermarket the contract states the availability of the employee and states that the hours worked will be flexible within those time frames. However it often says that 3 weeks notice of shifts will be given and no one would be penalised if they couldn’t change those shifts without sufficient notice

This

I’ve worked in places that put you down on a rota whenever and expected you to be available. It made planning stuff impossible because you’d never know when you’d be working. However, they usually would be ok if you couldn’t do it and got someone else to cover. Would that be an option, OP?

I would say that after she’s given you those shifts then an agreement between both of you is needed to change them. Also you are contracted to 12 hours and don’t have to work more

Really… l have to comply with less than 24 hours notice.

Your employer has the right to expect you to be available within the times you’ve committed to. Employers need the flexibility to bring employees in when they’re needed rather than have them sitting idle.

DH is a senior manager and all of the employees under him are required to be fully flexible so long as 24 hours’ notice is given.

i’ beginning to think she’s getting all the benefits of only paying me for 12 hours yet expects me to be available for 30! This doesn’t sound fair at all and surely I’ve a right to expect more notice. I get that she may be stuck but frankly at minimum wage that’s not my concern. Don’t wish to sound mean but if she wants me to put my life on hold for 30 hours a week then surely she needs to pay me for 30 hours or give me adequate notice.

im not sitting idle because I’m not at work. My rota was issued last Friday and it stated l was working Monday, Thursday and Friday. I have since planned things on my days off.

Does your husbands pay his employees for all the hours he expects them to be available for?

Maybe she can expect you to be flexible, but I'm not sure she can expect you to work more than your 12 hours in a week. I would talk to her about it and say it's not possible to work at such short notice. However, if it's a one off I might do it anyway - you mention you usually work set days? But make it clear it's not a pattern you're happy to continue.

If they are not happy with that then you should be able to get a different cleaning job, or another type of job that fits in. I know people that work a similar amount of hours in a supermarket and they are never expected to deviate from their set days.

Indeed! I can’t get my head around an employer being able to expect an employee to be available for 30 hours a week when they only work 12.

For arguments sake, let’s say my rota changed every week within those 30 hours… fine, as long as l get plenty of notice of any changes, less than 24 hours is not enough imo

She doesn’t expect you to be available for 30 hours, once you get the rota those are your 12 hours for the week. You can do what you like on the other 18 hours, she is just reserving the right to change shifts.

The point is you need to be a useful resource to your employer. Employers need to have employees who are flexible and able to adapt to changing circumstances. If you are contracted for 40 hours at Tesco, you can be expected to complete those hours at the times you have stated you are available.

Ultimately if your employer wants you working at a particular time, you need to work at that time or you will be replaced.

Thanks… yes l might have to look for something else. I took this because l knew l couldn’t give the flexibility and commitment required to do the work l used too.

l not only care for my son, but my elderly father too who has a lot of medical appointments which makes being flexible quite tricky.

Check your contract there should be a notice clause in there my dd is supposed to be given two weeks notice about shifts and changes she can be ASKED if she wants a shift with little notice but it's very much not compelled

It’s a cleaning job paying minimum wage. She is already struggling to employ people so I’m guessing she needs me more than l need her job.

In my career days l was fully committed 24/7… l was earning a very good salary so expected to be fully flexible. However l still wouldn’t expect my employees on minimum wage to drop their plans on their days off. Having now been on both sides of the coin l can see why minimum wage jobs are never filled. Employees deserves to be respected despite the status of their work.

Could you try a polite but firm response that on this occasion it’s too short notice and you’ve some commitments but you’d consider short notice in future.

I’ve now replied saying that unfortunately I’ve made plans that can’t really be cancelled without causing me issues, otherwise l would have been able to oblige at short notice.

I noticed you say you are raising your son who has Autism OP. Please correct me if I'm wrong here, I understand that folks with Autism can find sudden change extremly difficult to deal with so, as your son is neurodivergent, which is recognised by the Equality Act 2010, a sudden change in your work schedule could cause some issues for him so?

I would advise you to do the following:-

1. Speak to your manager, and explain how sudden changes in your shifts can create problems for your child due to your childs' neurodiversity, and unexpected changes to your shifts can cause issues. Just explain that Autism is a protected characteristic of the Equality Act 2010.

If you say this first, and your manager understands then good, problem solved.

2. However, if your manager is choosing to be inflexable, when she is expected to make 'reasonable adjustments' then get in touch with Acas who will help you.

Acas website
Acas : 0300 123 1100