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Can I be required to do overnights away from home?

5 replies

Treesinthewind · 11/02/2022 19:28

Hi everyone,

Does anyone know if a requirement to work and stay overnight away from home needs to be specifically stated in job description/contract?

My contract just says: 'Your hours of work will be based on a normal working week of 37 hours, excluding breaks.
Due to the varied nature of the duties, a flexible approach will be required and may include
evenings and weekends. Time off in lieu may be taken following agreement of the line
manager.'

In the interview I found out that I would be expected to work out of region several times a year and do 2-4 nights away. I'm a single parent with 100% custody so this isn't possible for me. I told the manager this when I was offered the job and he assured me it wouldn't be a problem but didn't put it in writing or even tell my line manager.
Since I've started there has been an assumption and pressure to do this. My line manager is understanding but it's felt like she's doing me a favour, so I asked for it to be officially noted. Senior management are now starting to put pressure on. If it's not specifically stated in my contract, can they insist I do it/ make me redundant for not doing it?
I've worked there for a year now. I think the travel/overnight requirement was made more clear to those who have been recruited since me.

(Hiring manager has not backed up similar promises made in interview to at least two other colleagues so this is systemic.)

OP posts:
JennyForeigner · 11/02/2022 19:39

If they were inflexible about this it could constitute discrimination on grounds of sex, as women are more likely to have caring responsibilities. Ask for formal clarification based on their commitment at interview and also if they have a carers policy. Good luck.

EileenGC · 11/02/2022 19:53

Overnights are not stated in my contract at all, but it's a well-known fact that the company I work for sends employees away for up to 120 nights a year. It's definitely something you know before you apply for a position with them.

I think it would be deceptive not to mention overnights away at interview, although it sounds like you did discuss it then. I would push for it to be formally added to your contract, but I'm not an expert in employment law and sadly can't guess on how you would be affected if they keep refusing to do this.

Treesinthewind · 11/02/2022 19:58

Thanks Eileen. I agree that for some roles like sales it's kind of implicitly understood.
It was almost worse than not mentioning it in the interview- they mentioned it, I said I wouldn't be able to take the job if that was the case, they said 'that's ok. We'll make it work' and then didn't record that anywhere Confused

OP posts:
Treesinthewind · 11/02/2022 20:01

Thanks Jenny. Funnily enough the other two colleagues who were told things at interview that turned out not to be true are also women with young kids. Funny that!

OP posts:
DelphiniumBlue · 11/02/2022 20:11

I think contracts usually refer to a base ( place of work), and they can't insist on you working away from that unless the contract so provides.
But of course if you've only been there a year, you have very little protection anyway.

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