Working weekends

[blimppy]

Hi, looking for some advice for my DD. She works in a childcare nursery and is being told that she has to work every Saturday to help run open days (they are trying to get more business - fair enough). Apparently, each week the staff will only be told on Friday which one of them is allowed not to work that Saturday, and it will be based on who has worked the hardest. My DD routinely works long (extra) hours anyway, but her manager is quite bullying in manner. DD has ASD and mental health problems, which the manager appears to give no allowance for. DD has a much loved activity on Saturdays, and while she accepts missing it occasionally for work, is really upset at effectively having to give it up. Her contract does seem to say that there is some expectation of being asked to work open days, but surely they can't just insist on every Saturday? Or can they?

It’s sounds like a really unfair way to do these. It’s short notice too announcing on a Friday who will work the next day. So only one person is needed? It would make sense just to include it on the rota. How long has your DD worked there? I would start job looking.

Will she get paid any more for working the Saturday?

What does her contract say about her working hours and working week?

Thanks for the replies. I think normally about 3 are needed, out of a pool of 6 and the line manager seems to be suggesting that she will decide who to release from it on a Friday based on who she thinks has worked hardest. She has shouted at DD a number of times today for being "too emotional", and has said that because she has had time off for self isolation (at Manager's insistence because she has a very slight cough and manager insisted she got Covid tested - it was negative), it is "rude" of DD to have objected last Friday at 6pm when she was told to work that Saturday. She will get paid and her contract does say they might be asked to work Open Days. DD does not dispute this, but it is the expectation that it will be every Saturday unless she happens to be in her Manager's good books that week which is so upsetting. Her hobby is really important to her and part of what supports her mental health. She's currently seeking a doctor's appointment to review her AD medication as her mood is really slipping - hence being emotional at work!

Ok well we need more specific details from the contract.

Does it say she will normally work mon- fri from xx till xx?

With regards to the open days does it set any reference to these being obligatory? It's sounds like they are stating it is compulsory overtime - is that clear in her contract?

How many Saturdays is she expected to have to work, has that been stated? As this could deem it a change of contract without notice.

Is this the nursery manager or owner or room manager she is dealing with?

Right, just found her contract. It says she is contracted to work 40 hours a week. It also says that all employees are "obliged" to attend Staff meetings, which are usually held quarterly or as required. These will normally be outside working hours and paid at a fixed hourly rate. It then says "Attendance at Parents Evenings and other events such as Open Days will be given back as Time off in Lieu or paid at your normal hourly rate.". Rather unhelpfully it appears to make no comment on whether attendance at Open days is mandatory, nor how frequently they might be expected to occur. Currently her manager is saying they will be every Saturday indefinitely. She is not the owner - but is the employed manager in that setting.

Ok thanks for updating.

Basically I'm going to say phone ACAS tomo for up to date advice.

The manager is on the line here with a few areas, this is what I can see -

1. the 48 hr working time regulation is getting close, but this Saturday work might only be an additional 4 hours for example. This is not likely a factor.
2. The contract is unclear on whether overtime is compulsory or voluntary . Though it implies compulsory.
3. The no end date to the overtime requirement could be construed as a more permanent change to the contract that is not going through correct process. ( consultation, negotiation, agreement)
4. Regular overtime now should be paid and additional holiday calculated, not just TOIL
5. I'm not comfortable with the hardest worker won't have to do it but can't find a direct link to legislation. It makes it a performance based decision, which you would ask how is that performance being monitored, recorded etc, and is it a bonus to not get given the overtime? Even though it's paid? Some staff might prefer to get the extra money. Generally speaking all employees are entitled to the same level of overtime offered ( same job same skills) and denying it is considered discriminatory.

However, your dd needs to try and calmly solve this. She needs to explain to her manager that her mental well-being really requires her to be able to maintain her work life balance, and whilst she can of course support some of the over time requirement it would be detrimental to her wellbeing to not have clear timeframes and expectations set as to whether she is needed for work. This is of course true for everybody - the manager is a bully.

But phone ACAS first to explain and get latest advice - it's a free service.

Thank you, that's really helpful and I appreciate you taking the time to advise. DD has Social Anxiety, ASD and also Depression so any form of standing up for herself is really hard. But I'll give ACAS a call and see what they advise,