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Legal matters

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Original poster

My Employer wants my wife to quit her job.

190 replies

Bhollis · 26/04/2021 05:46

My employer has asked me to start working weekends and to be on call all the time. I am not able to do this as on the weekends I look after my children while my wife works.

My employer has said that she "may have to think about giving it up" so I can work my new hours.

Am I right in thinking that is a unreasonable change to ask for? Can he also said he needs an answer within 24 hours.

OP posts:
GappyValley · 26/04/2021 06:58

Are you in the UK?

I don’t believe the ‘software can only be used from the office IP address’ excuse he is giving you!

After a year of home working for everyone, all software can be used at home.

I’ve got friends who worked as financial traders and in the NHS who were told their software could only be used in the office, and miraculously that could quickly be changed to work properly from their home computer
What software is a removals company using that is more secure than that used for banks and patient records?!

It sounds like he is expecting an unreasonable amount from you and your family.

Even if the payrise covered your wife’s salary, that would leave you working 7 days a week, which isn’t sustainable over any long period of time, and also means you wouldn’t get time with your children.

For that reason alone, I would be turning this down

NotSorry · 26/04/2021 07:05

Why are people conflating no contract with how the OP is paid? I’ve never had a contract in 35 years in various jobs and have previously been paid PAYE and am currently self-employed

The real issue is the OP being asked to take on extra hours which is not workable

KihoBebiluPute · 26/04/2021 07:12

Just because you don't have a written contract doesn't mean you aren't covered by employers law against unreasonable changes. An established custom and practice of you working specific hours becomes covered as an established employment even if nothing is written down. How long have you been doing this? If more than 2 years then you do have quite a lot of protection.

The fact that your employer is your cousin does not absolve them of the requirement to act within the law and expecting you to be on call 7 days a week is illegal under employment law. They can certainly ask for a change in your working hours to a shift pattern including weekends but you need to be paid for time in which you are on call and need minimum rest hours and days during which you aren't on call.

Theoretically if the business need is for an employee who can work weekends then they can make you redundant and employ someone with more flexibility. However this has to be after due process of consultation and payment of redundancy compensation. (Telling you to make a decision in 24 hours is not an appropriate consultation structure!) If they fail to follow these procedures and don't just allow you to carry on in your accustomed role and hours then you would have a case for unfair dismissal if they tell you to leave, or constructive dismissal if they make your working life so untenable that you have no choice but to resign.

Kona84 · 26/04/2021 07:18

What could possibly need doing so urgently in an office?
In the company I work for for people on call it’s to deal with alarms going off they get a set call out rate £50 per time and get paid double time At hourly rate for the time they are on the premises.

Your wife isn’t just giving up a job, she’s giving up independence, friends, time out of the house.
But maybe she hates her job. And if you negotiate better remuneration she might be in agreement

Queenoftheashes · 26/04/2021 07:20

I’d die laughing if someone said this to me. And tell them to get fucked. Why would you want to work every day ffs? Why does your cousin think either of you gets to decide if your wife works?

Kona84 · 26/04/2021 07:21

Also - do you like your job?
If not find a new one that will make sure you get your lunches and not make demands

Roselilly36 · 26/04/2021 07:22

An offer letter can be considered the contract, if it’s states salary, hours t&c’s, lots of small businesses don’t have contracts.

I can totally see why removals would be sporadic in hours, as they are reliant of many other parties. Certainly not a 9 til 5 job.

I expect the business owner is trying to take on as many jobs as they can prior to the SDLT break coming to an end. Of course your wife shouldn’t give up her job, the business owner would be better off taking on another member of staff to be honest, even if temporary.

It’s difficult when it’s family too, but say no and the reasons you can’t do it. Good luck.

harknesswitch · 26/04/2021 07:22

Even with no contract your employer still has to abide by they law. Speak to ACAS, or look for another job (personally I'd go for the latter).

EnjoyingTheSilence · 26/04/2021 07:24

I’d be looking for a new job if I were you. On call 24/7 with no significant pay rise. Bullshit

656times · 26/04/2021 07:26

OP your cousin is taking the piss. I’d start looking for another job or training.

HalfShrunkMoreToGo · 26/04/2021 07:26

The software issue is a non-starter, they could either add your home IP address as approved or set up a VPN to allow you to access the work network while at home.

It comes down to whether or not you are willing to work weekends, if the answer is no then tell them that. The choice then becomes whether they want you to stay, if not then you'll need to job hunt.

Parker231 · 26/04/2021 07:26

You have stated your hours of work from your employment particulars. Those are the hours you are contracted to work unless your employer negotiates a change. If you don’t accept the change your employment can be terminated and you are offered a new contract on the amended hours but this is a last resort by an employer.

Embracingthechaos · 26/04/2021 07:28

Call ACAS. It's free and they will be able to advise you on what your rights are and where to go from here.

Original poster
Bhollis · 26/04/2021 07:29

It would be 5 days aweek at work but on call even on my days off. In the new job description it says I will be the first point of call when outside office hours.

OP posts:
Original poster
Bhollis · 26/04/2021 07:30

The fire and rehire scheme won't work with me.

OP posts:
Lockdownbear · 26/04/2021 07:31

Op don't mix business with pleasure, ie don't work with family. It's time for you to look for another job.

This cousin is going to end up controlling both of you. And you'll have no way out as he'd be your only source of income.

Look for something else now while you can. I'd also be tempted to contact HMRC and make sure your tax has been getting paid.

Not to mention its better to have two people earning 30k than one person earning 60k, as you benefit from two tax free allowances and don't hit higher rate tax. And you miss out on Child Benefits if you have one person earning over 50k.

Confusedandshaken · 26/04/2021 07:32

This is why business and family don't mix. Disputes like this are hard enough at the best of times and when it's family it's 10 times more difficult. I think it's time to look for a new job.

And absolutely no way should your wife give up her job. Your cousin is insane to even suggest it.

VettiyaIruken · 26/04/2021 07:32

You would have to be stupid to say yes.

You surely aren't going to take a big drop in family income so you can become a 24/7 resource? That would be nuts.

Lockdownbear · 26/04/2021 07:34

On call every weekend means that you'd never be able to plan a family day out or have a drink.
What happens when you want a holiday, is there any cover?

My answer is No sorry cousin. Because it would end up ruining your marriage.

Howshouldibehave · 26/04/2021 07:34

@Bhollis

The fire and rehire scheme won't work with me.
What do you mean it won’t work with you?

I think you need to start job hunting ASAP.

WildfirePonie · 26/04/2021 07:35

Find a new job OP. You don't have a contract and you work for your cousin.

MrsElijahMikaelson1 · 26/04/2021 07:36

Surely that’s just your cousin trying to off his role and responsibility as the business owner to you. I would just tell them you can’t do it sorry.

minniemomo · 26/04/2021 07:38

It comes down to what would you have to do if called out on a weekend. What does it entail? I've been 1st on the list for 10 years and on the few occasions I have been called out I took my kids with me, they either stayed locked into the car or came into my office depending on the nature of the call out. Mostly it would be evenings when exh would be home from work/sport/hobby or other way of ignoring the kids. Sometimes I took the dog for safety if it was a police call out (common)

00100001 · 26/04/2021 07:40

Resign

skodadoda · 26/04/2021 07:43

@OverTheRubicon

He's almost certainly breaking the law already, are you being paid via payroll, with NI etc? Even without a written contract, there is still an employment contract between you and he has responsibilities as an employer.

I agree you need to speak to ACAS, urgently.

This is correct. You have an implied contract. If your employer wants to change your hours he has to consult you. I don’t think he can force you.Complain in writing, you could be on the road to constructive dismissal.