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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:
worriedatthemoment · 26/04/2021 08:21

Why would you need to be on call doing paye which at most is done once a week ?

Parker231 · 26/04/2021 08:22

Although there is no legal requirement to provide a written contract of employment, employers have a duty to provide employees with a written statement of the specified terms of employment under S. 1 of the Employment Rights Act 1996 (ERA) within two months of starting employment.

Summerzz123 · 26/04/2021 08:26

I’m sure that even if you don’t have a contract, you do still have some legal protection. I had to look into this a few years ago when somewhere tried to let me go with a days notice. I didn’t have a contract but I remember finding out that they couldn’t do this and there was still some protection.
I’m not sure how much and if it’s related to hours, but a little Google would probably tell you more.

Nith · 26/04/2021 08:26

@Bhollis

It's his business and wants to start reaping the rewards of owning his own business.
He needs to work out that he's not entitled to those rewards if it involves breaking contracts and breaking the law. It's not as if employing someone else to cover the weekends would be that expensive.
Nith · 26/04/2021 08:28

@Summerzz123

I’m sure that even if you don’t have a contract, you do still have some legal protection. I had to look into this a few years ago when somewhere tried to let me go with a days notice. I didn’t have a contract but I remember finding out that they couldn’t do this and there was still some protection. I’m not sure how much and if it’s related to hours, but a little Google would probably tell you more.
OP does have a contract which is fully legally binding. It's just that it's not in writing. If it came to a dispute about the terms in relation to this issue, the fact that they haven't been on call at weekends would be pretty conclusive evidence that it never has been part of their duties.
BarbaraofSeville · 26/04/2021 08:28

@Quincie

OMG - get your wife to train you in dog training - there must be huge demand at the moment.

Or at least you leave job and let her up her hours and work through the week. Seems you could be missing a great opportunity here.

This. If your wife is making £14.5k working weekends only, then it's likely she could expand her business and use a second pair of hands.

Instead of working for your cousin, work for your wife instead. There must be some demand for training in the week too whether in the daytime or evenings.

Could you also expand to cover dog walking during the week as there's huge demand for this from the people who got dogs during lockdown and now or will soon have to start going back to a workplace.

Show your cousin the benefits of owning your own business. You get to set your own hours and T&Cs and never have to be at the beck and call of an unreasonable employer again Smile.

rothbury · 26/04/2021 08:32

Say no and start looking for another job.

midlifecrash · 26/04/2021 08:33

No don't do it, your cousin is a bully.

As others have said, say no and look for a new job.

Do not start worrying if this will upset your mum, her sister or whoever. Your cousin is completely unreasonable.

Ideasplease322 · 26/04/2021 08:34

That is just under £100 extra a week. How many extra hours does this involve?

userxx · 26/04/2021 08:34

@worriedatthemoment

Why would you need to be on call doing paye which at most is done once a week ?

To be fair payroll has taken over my life this last year with furlough but I've about 20 companies to look after....... never been needed at 2am though!!

FortunesFave · 26/04/2021 08:36

@Motnight

What's the back story here, Op?
Hmm What's that meant to mean? What back story? OP is clear.
user1487194234 · 26/04/2021 08:38

How long have you worked in the job
Is not really about your wife having give up her job
Your boss wants you to change your hours
You can say no but if he insists and you have less than 2 years service then not much you can do
By all means look for a new job,but I would not quit until you have to

Carbara · 26/04/2021 08:38

So? Say nah. Surely you’re already applying for other jobs anyway.

C8H10N4O2 · 26/04/2021 08:39

It's his business and wants to start reaping the rewards of owning his own business

Main reward being the opportunity to exploit people. Start looking for a new job. Working for family can often be fraught with difficulties.

It is of course nonsense that you can't process payroll software away from the office but if that were the case what exactly do you process whilst on call?

Hoppinggreen · 26/04/2021 08:39

I’m not a HR expert but I don’t think you actually need a contract as you working there and getting paid implies one.
The fact is though that they are asking you to work weekends and so if you want to do that you will have to find childcare. Your childcare is not their problem nor is it any of their business so while it’s an unreasonable comment if they have asked you to work weekends you will have to fund childcare or leave.

SchadenfreudePersonified · 26/04/2021 08:40

Your cousin will be in much more trouble for employing you without a contract (and maybe cash-in-hand, no PAYE, or pension, or tax, or other on-costs) than you will be.

Tell him no. Find another job. Hand your notice in.

What makes him think you have the right to tell your wife she HAS to give up work, anyway?

Cheeky sod!

SchadenfreudePersonified · 26/04/2021 08:41

if they have asked you to work weekends you will have to fund childcare or leave

Or insist on the status quo and they can employ a part-timer to cover weekends.

When do they expect the OP to have any leisure/personal time?

Bananasforme · 26/04/2021 08:43

Even if you were available at the weekends or just spent them watching Netflix in bed would you want to always be on call? I think you should say no. Not being able to work from home probably a good thing as otherwise would be too easy for employer to expect more of you.

RedcurrantPuff · 26/04/2021 08:45

You do have a contract. What you don’t have is a written statement of particulars

What you should do is tell them to fuck off bur I suspect you will just roll over and take it because you need a job.

I would suggest reporting them to HMRC because I would reckon an employer who acts like this has also broken minimum wage and furlough rules at the very least

Plus since when does a removals firm need someone to be on call at weekends? Ridiculous.

MrsHuntGeneNotJeremyObviously · 26/04/2021 08:45

It doesn't matter what your employer wants or even what you agree to - neither of you have any jurisdiction over what your wife decides to do with her career!
To be honest I think you need to locate your spine and tell your employer a straight no. Get some legal/union advice. But you cannot allow someone to dictate to you like this.

MzHz · 26/04/2021 08:46

I agree with those saying to you to get involved in building your wife’s business

That is an area that is absolutely a gold mine for you at the moment!

Socialisation sessions, walking and exercise are things you could easily do while you learn about the training side of things.

Strike while the iron is hot

Sometimes things happen for a reason. This is one of those times. Grab it with both hands.

I would go back to cousin and say you want the offer/contract and job role and responsibility put in writing

This will buy you time

So then while this is going on, plan with your wife so that she can start setting up a schedule or asking clients or advertising for interest in sessions or services she could offer if she had 7 days a week (ie your time too)

Soubriquet · 26/04/2021 08:47

Well, the employer can ask, but it’s down to you to say no.

I would be furious if my dh asked me to give my work up

geraldmeers · 26/04/2021 08:50

My db recently used the ACAS helpline over a similar issue. Not a family business but he had no written contract and his hours were changed. ACAS really helped in explaining that he had an implied contract and what he could use as evidence for this, and explained his legal rights, what options he had, etc. So definitely give them a ring.

vodkaredbullgirl · 26/04/2021 08:52

Time for a new job, your cousin can't expect your wife to give up her work.

IntermittentParps · 26/04/2021 08:52

I agree with MzHz, this is an opportunity for you.
And even if you don't want to get on board with your wife's business, your employer/cousin can shove his request.