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Please someone who knows about employment rights, can you give me some advice before work on Weds?

8 replies

Radley · 24/09/2007 12:45

I've been at my current place of work for nearly 7 months

Since I started that have been chopping and changing my hours constantly and I have had enough. I am on days on and due to go back on Wednesday, I work 9-3 mon/weds.

One of my colleagues has told me that the team leader (who has been off 4 month sick leave) has been back two weeks and re-arranged my hours etc without my knowledge, she has told the main boss that the hours aren't working and the office needs covering till 4.30.It has worked perfectly well the months she has been off, in her first week back she made a mess of the filing room. My colleague and I (who started the same day) have also been told that we will have to work extra in oct/nov to cover for the team leader when she goes in training. I have already got about 50 hours in lieu which I'm struggling to take, plus annual leave etc and I know we won't get paid for the overtime.

There is NO way I can work until 4.30, I have to pick the kids up at 3.15. When I first started i was working mon-weds 9.30-2.30 and thurs 9.30-1.15. If they don't listen to reason, am I within my rights to say - stuff you, i'm going to back to the hours that I originally signed up for (nicely said of course) and refuse to do any unpaid overtime?

OP posts:
Cammelia · 24/09/2007 12:51

Look at your contract

Radley · 24/09/2007 15:02

I have done that, wanted a bit more advice.

OP posts:
Whizzz · 24/09/2007 15:11

not sure but I think it depends what your contrcat says. If it says 'work whatever hours is set' or something like that, I assume you would have to do it ? If your set hours are written down, I don't think they can change without your consent (no expert tho!)

TheDuchess · 24/09/2007 15:13

what does your contract say? how do you think the hours fit the business needs?

RibenaBerry · 24/09/2007 15:26

As Cammelia says, you need to look at your contract. What does it say about working hours?

As an employee with less than a year's service, your options are limited. The standard claims for employees are construcive dismissal ("you treated me so badly I had to resign")and unfair dismissal ("you fired me and you shouldn't have") but you can't use these until you have a year's service.

Even if your employer breaches your contract, your damages are only your notice period.

I think that negotiation with your employer is your best option here I'm afraid. Try and sit down and explain that they're being unreasonable and see what you can sort out.

RibenaBerry · 24/09/2007 15:27

Oh, forgot to say, if you think it is discrimination (sex, race, religion, age, disability, sexual orientation), the service limit does not apply.

number1 · 24/09/2007 16:28

Radley, phone up workingfamilies they are brilliant! look them up on the web.

flowerybeanbag · 24/09/2007 17:12

Your rights are extremely limited with only 7 months' service, whatever your contract says, so agree with Ribena, bit of negotiation might be your best bet here.

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