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Original poster

Can my boss legally do this?

17 replies

Lockergooge · 10/05/2022 20:42

Hey,
ive tried googling but I can’t really find what I’m looking for. I’m just wondering if anyone knows the answer.
So I work in the beauty industry and we are currently quite low on staff. My boss has decided to shut the shop one day next week so the other (full time) girls can be in the remainder of the week. This means the shop is shut on the day I usually work. I’m part time.
so now the shop is shut and I loose a days wage. My boss did offer me another day but I cannot do another day because of childcare. Should my boss pay me anyway or do I just suck it up.
it doesn’t seem fair I’m losing a days wage over no fault of my own.
thanks for listening.

OP posts:
BernadetteRostankowskiWolowitz · 10/05/2022 20:43

What contract are you on? Zero hours or a fixed amount of hours? Is the day you work specified on the contract?

Original poster
Lockergooge · 10/05/2022 20:45

No, I don’t even have a contract. I’ve not seen it since the day I started training about 12 years ago when I was full time.

OP posts:
Original poster
Lockergooge · 10/05/2022 20:45

I am fixed amount of hours though, 3 days a week every week.

OP posts:
BernadetteRostankowskiWolowitz · 10/05/2022 20:46

How long have you worked that set day for them for? No contract probably means they can do what they want without repercussion, but shouldn't.

Zeus44 · 10/05/2022 20:47

Just ask him and be honest, he probably hasn’t realised.

endofthelinefinally · 10/05/2022 20:47

Do you belong to a union or professional registration body? Who insures you to work with clients?

BernadetteRostankowskiWolowitz · 10/05/2022 20:48

Do you have anything in writing saying what date you start and the wage you will be paid, and how many holiday days you get?

MajorCarolDanvers · 10/05/2022 20:48

Call ACAS for proper advice on this one and the best way to approach this with your boss.

It doesn't matter that you don't have a contract. By being there 12 years - all your statutory rights apply.

BaaMoon · 10/05/2022 20:50

BernadetteRostankowskiWolowitz · 10/05/2022 20:46

How long have you worked that set day for them for? No contract probably means they can do what they want without repercussion, but shouldn't.

I think this is key. If your contract just says 3 days a week but doesn't specify which I'm not sure you can challenge it unless because you've worked those days for so long that means something.

HaveANiceFuckingDay · 10/05/2022 20:51

It depends what flexi working agreement you have in place
For instance without giving too much away I work in retail the shops are open 14 hours a day
I'm contracted 20 hours over 4 days with 2 days being early and 2 days being close
I was asked particular days I said no .. so any 2/7 days being open and 2/7 being close all with 5 hour shifts 5x4 =20
I don't get to pick the days even though I was originally asked and I declined
The childcare was a factor which is why I went flexi working BUT because i declined set days they are fulfilling their obligation
He offered you an alternative day , your childcare is not his problem.

Chocnuts · 10/05/2022 20:52

They should have consulted and given notice of the change, but sounds like they've got a valid business reason for change as and they did offer you an alternative it's not completely unreasonable (although not as fair on you). If it's just while they are short staffed then assume it's a short term issue?

Original poster
Lockergooge · 11/05/2022 09:32

Thanks, I thought as much. Yes they offered an alternative day that week so it’s not really my bosses problem about childcare. Thanks for your answers.

OP posts:
helpfulperson · 11/05/2022 09:34

Is it possibly a redundancy situation? Your job on that day no longer exists.

user1471504747 · 11/05/2022 16:47

Have they said it will be unpaid OP? Otherwise you might just have to use leave to cover it if it’s only a day. Employers can tell staff when to use their leave

Aprilx · 11/05/2022 18:52

Try not to say or even think that you don’t have a contract, you will mentally undermine yourself with that thinking. Because you absolutely do have an employment contract, but it seems you are missing evidence of that contract, i.e. the written down version of it.

Have you always worked the same three days or have you at least worked the same three days for a significant period of time? Because if so, I would suggest that those particularly three days have become an implied term of your contract through custom and practice. In this case, no your manager cannot unilaterally change a term in your contract and they need to either agree something different with you or move to a redundancy situation. Of course that would mean losing the other two days as well but you would be entitled to redundancy pay and maybe able to find work elsewhere that fits in with the days you can work.

Aprilx · 11/05/2022 18:57

Sorry I read your post and realised it is a one off not a permanent change.

I would still say most of the above, but scrap the redundancy bit. If you have always worked these particular three days, I would still say that your manager cannot unilaterally change it, but they could ask you to use annual leave that day providing they give you enough notice.

summersidhe · 12/05/2022 21:34

helpfulperson · 11/05/2022 09:34

Is it possibly a redundancy situation? Your job on that day no longer exists.

For one? I could be wrong, but I think op is not talking about a permanent change every week

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