If manager asks you not to come in do you have to make the time up?

[GeraldineAubergine]

Hi, I work part time, set days plus one weekend. Due to a health issue I can't do my usual duties so have been given different tasks until the health issue resolves. I was due to work this weekend but my manager called me at home (when I was off sick) and said as I can't do my normal duties I can't work this weekend and not to come in. She told me that I will need to make the time up another time. I will struggle to do this as I have set days for a reason and can't easily work on other days.

So, my question is, if it wasn't my choice not to work this weekend do I still have to make the time up or should I have been able to do my regular shift with modified tasks? I wouldn't mind taking it as unpaid/annual leave but she didn't offer this as a choice.

Sorry if this is long and thanks in advance.

I would clamp down on this straight away so it does not become 'custom and practice'. In fact I would definitley put it in writing.

Your employer may be under financial pressure and trying to edge you into a position where you are being treated as a flexible resource to be moved around on a whim and in effect kept on unpaid standby duty.

You need to be non confrontational in your letter but record what was said, the circumstances and why you cant work to make the time up as it is outside your agreement. You need ot remind tem teh agreement that you have and that you want to stick to that.

These things have a habit of getting ugly if your manager is under pressure to cut costs and you are ill.

What does your contract say? Do you have set days to work?

Thanks for your reply BeenBeta, I feel quite stressed about not being able to do my job as it is and on the face of it it seemed reasonable her saying not to come in. However, on reflection I'm worried it will make me seem inflexible when I can't make the time up. I think putting it in writing is a good idea I may copy human resources in. My hours and days are set in a flexible working agreement so I hope I'm in the right.

Make sure you keep a photocopy of the signed letter. In fact send it to your boss and HR as an email attachment so they can't deny they received it.

Just be formal and straight down the line.

Your employer has a contractual obligation to provide you with work on the days you are contracted to work as per your flexible working agreement. If you are fit for work they cannot ask you not to come in and make the time up another time. That's not your contractual arrangement with them.

I suspect your manager does not understand this. I would contact her and explain it and if necessary speak to HR.

If you are unable to work due to sickness you need to be off sick unless you have a disability as defined by the equality act where you employer is obliged to make reasonable adjustment. Where reasonable adjustment is not possible then you can be either off sick or your employer may dismiss you.

Presumably your doctor suggested some amendment to your duties on your fit note? If this is right then your manager doesn't HAVE to let you work at all, they could just tell you to stay off sick.

As they have allowed you back you need to keep on side and be flexible. Why not tell your manager that you are grateful that she will let you work despite the health problem, but you can't work on x days for x reason, but you could do x days/times. If you are honest & upfront then you are far more likely to get support.

If you deal with it as BB suggests you will get her back up and alienate her. You also risk her saying we're helping you out, if you won't help us then go back on the sick. Then also at a future date if the sickness continued they would consider disciplinary action.

Please let us know how you deal with this. Good luck.

My health problem is partly caused by my job and hopefully will be short term. I haven't had any time of sick because of it, I have done modified duties instead, I was off sick because of flu. Work have been great and adapted my job to give me a chance to sort the problem as it kind of career ruining. OH have been involved. Like you say pinkwinged I don't want to upset my manager and she can be quite difficult to talk to at the best of times. I think I will just talk it through with her, but maybe email afterwards for a record. Thanks for all the replies.