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Original poster

Made to work on non contracted day

26 replies

CakeWarrior · 15/12/2021 17:10

Hi all,

I am looking for some advice if someone may be able to kindly assist. My husband is a HGV driver and works a set rota wednesday - saturday ( Although he works most Tuesdays as overtime) His work have today said that as they close on Christmas day he must go in on boxing day. However this falls on a Sunday which is not a contracted day he works on, but they say it doesn't matter and he is to go in. We have booked and paid non refundable money on boxing day to meet with his parents who are yet to meet our 10 week old baby, as with it being a day he doesn't work we wouldn't think there to be an issue. Can they legally do this? And such late notice? He started this place in January this year. I have told him to ask they show to him in his contract where it states this is the policy, but his contract does not mention anything like this. Im a nurse and it is the first Christmas and boxing day we will have ever had together and with being so late in the day - can they do this? Many thanks for and advice!

OP posts:
DoughNutBabe · 15/12/2021 17:12

Yes they can ask, yes he can say no, yes they can decide to offer overtime to others instead of him, no there is nothing he can do about it. It’s not worth losing his job over this is it!?

dementedpixie · 15/12/2021 17:14

Can he offer to do an alternative day?
Or tell them to take it out of his annual leave!

ANameChangeAgain · 15/12/2021 17:17

It seems wrong that its been sprung on him. How are bank holidays worked in usually? Are they just added to his floating holidays. Also, how is he paid, is he direct employed or sub contracted?
On the plus side, in our area anyway, demand for HGV drivers and their wages have increased massively over the last 12 months, so he has a bargaining chip at least.

Original poster
CakeWarrior · 15/12/2021 17:19

@DoughNutBabe eh? Worth loosing his job for? What on earth are you on about? I have merely asked if he can be made to work a non contracted day to get some advice before he goes in tomorrow? Your reply doesn't even answer my question? @dementedpixie Thank you, unfortunately he is the same as me where no annual leave allowed between the 15th Dec - 1st Jan otherwise he would x

OP posts:
Viviennemary · 15/12/2021 17:25

It's unfair but I think they are probably legally within their rights. They will just say the needs of the business.

itwasntaparty · 15/12/2021 17:27

Contract probably states something like 'flexible to meet the needs of the business'

Hoppinggreen · 15/12/2021 17:31

[quote CakeWarrior]**@DoughNutBabe* eh? Worth loosing his job for? What on earth are you on about? I have merely asked if he can be made to work a non contracted day to get some advice before he goes in tomorrow? Your reply doesn't even answer my question? @dementedpixie* Thank you, unfortunately he is the same as me where no annual leave allowed between the 15th Dec - 1st Jan otherwise he would x[/quote]
I imagine she is “on about” what the consequences could be if he is good he must go in and doesnt

EileenGC · 15/12/2021 17:32

@itwasntaparty

Contract probably states something like 'flexible to meet the needs of the business'
Exactly, it's probably not specified but assumed that this could happen.

Not great but they're within their rights... My employer's latest news has been that everybody working on the 27th must show up in the afternoon of the 26th for a PCR test.

We're a small company with staff from over 40 countries, the majority of which are going home for Christmas. For decades now, it has been the norm that the 26th is a free day, so people can fly back from whenever they went to. No need to be there until the morning of the 27th. Well, they're legally allowed to ask us this year because it's a 'need of the business' to make sure everybody is negative before work restarts...

Original poster
CakeWarrior · 15/12/2021 17:39

Thankyou all for the helpful replies. They have taken christmas day from his annual leave allowance, so he would be loosing a day leave then also working a non usual day. I have had a look over and his contract is the most basic i have ever seen. I cant see anywhere it states about flexible to meet the service. It states the days he works, his pay, his overtime pay and sickness policy and thats basically it. He said the other guys there are up in arms as they have never done this before, and the 5 new starters from a few weeks ago - 4 of them walked out on friday. Which probably explains their panic. I just dont want to misinform him.

OP posts:
dementedpixie · 15/12/2021 17:43

If they've taken Christmas day from his leave then why should he have to go in on a non working day? Will they be paying him for an extra day and classing it as overtime?

Original poster
CakeWarrior · 15/12/2021 17:46

@dementedpixie

If they've taken Christmas day from his leave then why should he have to go in on a non working day? Will they be paying him for an extra day and classing it as overtime?
Thats exactly my point, I dont see how they can if they have already taken it from him! Nope, will be standard pay too. Thats my reasoning for thinking they cant do it? Perhaps i should have put that in my OP 🤦‍♀️
OP posts:
Foolsrule · 15/12/2021 17:50

Sounds like a load of old bobbins to me. Of course he doesn’t go in if it isn’t one of his working days. He could have another job the other end of the week for all they know!

gogohm · 15/12/2021 18:01

From what I know about employment law (I worked in her for years) I don't think they can make him, however they could make life harder. In his favour is the shortage of hgv driver's, they can't afford for him to walk away!

AtLeastPretendToCare · 15/12/2021 18:14

Can they make him if nothing in the contract? No

Could they fire him for refusing and get away with it? Probably given he doesn’t have enough service to claim unfair dismissal

Would it be wise to fire an HGV driver in the current market? Goodness no.

Itsalmostanaccessory · 15/12/2021 18:17

He'll easily walk into another driving job. Tell him to say no, he will not be coming in. If they fire him then fine; he'll get another job easily.

user1471457751 · 16/12/2021 10:59

The employer can't put the day down as annual leave and make him work on a non working day to make up for it. It's either leave or it isn't

DismantledKing · 16/12/2021 11:04

Sounds like they’re taking the piss.

flowery · 16/12/2021 11:58

Why are people saying they're within their rights without having seen or heard about what the contract says?

If the contract makes provision for the employer to vary working days like that, including on weekends/bank holidays, then yes they are within their rights.

If someone works fixed, predictable hours/days and there is no provision for the employer to change that whenever they like, then no they are not within their rights at all. They can certainly require him to take annual leave to cover Christmas Day, but they can't make him shift his days.

popmenow33 · 16/12/2021 12:45

Until recently I worked in the transport industry- not hgvs but similar. We had a clause that at certain times of the year ie Xmas and new year we would move rest days, which we did. Most people were given paid days off as part in these days to reduce the number of lieu days accrued. The days paid were part of their overall holiday entitlement of 28 days per year. Unless there isn't any reference to movement of rest days or something similar then I would consider it to be legal.

NellieBertram · 16/12/2021 12:50

I would say no.

Are they going to fire him? Very unlikely.

Snog · 16/12/2021 13:09

Given that there are so many HGV vacancies I don't think employers are currently in a position to call the shots.

I'd just say sorry I can't I have made other plans.

underneaththeash · 16/12/2021 14:16

@Snog

Given that there are so many HGV vacancies I don't think employers are currently in a position to call the shots.

I'd just say sorry I can't I have made other plans.

Exactly - tell them to bog off (poiltely).
Ilikewinter · 16/12/2021 14:28

At my place of work people who were rota'd to work Saturday 25th had the choice to either work another day OR to take a day annual leave.
They cant make your DH do both!
From the basic contract youve mentioned it sounds like they're making it up as they go along, if 4 people have already walked out i imagine they are panicking about staffing levels, something which should have been sorted out weeks ago!

keysonthetable · 16/12/2021 14:46

Weeeelll, he could agree to work it and then 'phone in on 26th to say he has symptoms and is going for/awaiting the results of a PCR test so he's not allowed to go in anyway.

I don't condone lying normally but sometimes when you're backed in to a corner by an unreasonable individual.........

Original poster
CakeWarrior · 16/12/2021 17:48

Thankyou all so much for your replies. He feels much better from feeling he isnt being dramatic over it, as he has been confused over feeling they are taking leave then also making him work! He said when he got back to depot today the manager wasnt in her office. I agree they are panicking but that doesnt mean they can make it up as they go along. He is going to stay home as usual on boxing day and leave his phone turned off. He echoed what you have all said, and isnt worried about finding work if need be. Im really grateful for the replies x

OP posts:
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