Do companies believe they are allowed to bend the rules?

Aruffell

Aruffell

Aruffell

Soldato
Joined
29 Dec 2004
Posts
5,653
Location
Chatham, Kent
My girlfriend (who is 8 weeks pregnant) rung work (she used to be a kitchen porter, but now has been moved to waitressing due to the expected birth due to heavy lifting etc...) to tell them that she wouldn't be coming in yesterday due to the snow.

No buses are running and work is around just under 5 miles away. I told her i don't want her going in due to her health (falling over etc...) as she would be forced to work. They basically had to lump it.

Today she has done the same and they got really arsey with it all saying that she needs to do her best to come in. If there is no public transport, she can't in simple terms as she is not walking encase she slips and falls.

She has just informed me that they are using these days off as holiday. Surely that isn't allowed?

They (in the past) have also had her work shifts until midnight, and expected her to be in the next day at 8am (Surely, it's 11 hours between shifts?)

They also give her the rota on a Friday for the week giving no prior notice whatsoever.

They also dictate as to when she can have holiday and doesn't let her book the days off herself making it so that we have the plan our free time around her work and not the other way around. She won't find out that she has Saturday off (for instance) until Friday. - Surely this is wrong?

There are other things they have done as to which i will update when i remember.

What can be done about this as it's making me really annoyed as to the way she has been treated with regards to all of this.

Any help is much appreciated.

Many thanks,

Andy
 
Kemik said:
They can tell her to take holiday. They can also tell you when your holiday will be.
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So they can turn around and say you're off next week for 4 days for holiday so when you come to book your 2 week holiday in the summer, you haven't got the days and they can't accomodate for you?

Andy
 
If you fail to come in because of the snow, they can actually dock you wages legally, so it's OK that they are letting her take it as holiday.

Most companies ask you to plan holidays around operational requirements.

Our company also gives the rota for the follwing week on the friday.

Annoying I know, but the rules i'm afraid.
 
Aruffell said:
So they can turn around and say you're off next week for 4 days for holiday so when you come to book your 2 week holiday in the summer, you haven't got the days and they can't accomodate for you?

Andy
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I don't know how it works with shift patterns. I just know they can force you to take holiday if you can't make it in and they can tell you when your holiday will be.

Not sure how much notice they need to give when they set your holidays.

Maybe talk to the boss far in advance of the summer and explain you'd like to use some holiday then. I'm sure they'd be flexible.
 
Aruffell said:
So they can turn around and say you're off next week for 4 days for holiday so when you come to book your 2 week holiday in the summer, you haven't got the days and they can't accomodate for you?

Andy
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Thats right, yes.

Also, she is 8 weeks pregnant not 24 weeks, so stop using that as an 'excuse' as the employer will see right through it.
 
The way I see it is that she may have a bun in the oven, but work is less than 5 miles away and there will be a queue of 100 Polish girls waiting to take her job.

Pay for a taxi.
 
[TW]Fox;18042821 said:
she is 8 weeks pregnant not 24 weeks, so stop using that as an 'excuse' as the employer will see right through it.
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Also, why can't you drive her. Why can't she get a lift off of someone else. Why can't she get a taxi?
 
Being expected to walk 5miles both ways IMO is excessive, most companies have guidelines that cover all of this. I know mine does, it's vague in areas but I can work from home so it's a little different however I go make the effort.

What annoys me is that people don't seem to want to go the extra mile. Sharing cars, getting up earlier and being prepared. There's too many chances out there and they deserver all they get.

She needs to man up, and get to work - I'm sure with a little thought its quite safe and possible....
 
They are actually being helpful by using up holiday and therefore paying her instead of forcing her to take it unpaid, at least you are not actually out of pocket
 
fini said:
Also, why can't you drive her. Why can't she get a lift off of someone else. Why can't she get a taxi?
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I currently live 28 miles away and we have a good foot and half of snow here and i own a 200sx which is rear wheel drive.

Thanks for the responses (the helpful ones) due to the holiday etc...

Andy
 
Aruffell said:
So they can turn around and say you're off next week for 4 days for holiday so when you come to book your 2 week holiday in the summer, you haven't got the days and they can't accomodate for you?

Andy
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If the business is open and operation and she isn't there, then legally, she either loses a holiday day, or she doesn't get paid.

The business can be as arsy as they like, but they're in the right and with your keyboard you are not going to win. There have been many threads on this matter already this year and loads last year also.

Many businesses are accomodating, but they don't have to be. If the business is physically open, its her job to be there if she wants paid.
 
Are you saying the roads are entirely impassable with no cars on them at all? How, if that is true, have all her colleagues got in to work?
 
Aruffell said:
My girlfriend (who is 8 weeks pregnant) rung work (she used to be a kitchen porter, but now has been moved to waitressing due to the expected birth due to heavy lifting etc...) to tell them that she wouldn't be coming in yesterday due to the snow.

No buses are running and work is around just under 5 miles away. I told her i don't want her going in due to her health (falling over etc...) as she would be forced to work. They basically had to lump it.

Today she has done the same and they got really arsey with it all saying that she needs to do her best to come in. If there is no public transport, she can't in simple terms as she is not walking encase she slips and falls.

She has just informed me that they are using these days off as holiday. Surely that isn't allowed?

They (in the past) have also had her work shifts until midnight, and expected her to be in the next day at 8am (Surely, it's 11 hours between shifts?)

They also give her the rota on a Friday for the week giving no prior notice whatsoever.

They also dictate as to when she can have holiday and doesn't let her book the days off herself making it so that we have the plan our free time around her work and not the other way around. She won't find out that she has Saturday off (for instance) until Friday. - Surely this is wrong?

There are other things they have done as to which i will update when i remember.

What can be done about this as it's making me really annoyed as to the way she has been treated with regards to all of this.

Any help is much appreciated.

Many thanks,

Andy
Click to expand...

For starters, 8 weeks pregnant is no excuse for anything, if she were six or more months pregnant then you would have a point.

An employer only has to make sure you get your statutory entitlement regarding holiday, they can stipulate when you take it. The employer is under no obligation to pay you for unavailability due to adverse weather either so they are in fact being more than reasonable by giving your Girlfriend the days as holiday. She can question the use of holiday in this way as she has not received any notice period, normally twice the length of the holiday, so 2 weeks notice of 1 weeks holiday or 48 hours notice for a days holiday in this case, personally I expect it would be frowned upon if she made this an issue and also she would not be paid for the time she had off otherwise.

As for notice of working hours, you will need to look at the contract she has, 48 hours is normally sufficient for notice of changes to rota's if there is no specific stipulation.

Daily rest should be 11 hours between the end of one shift and the start of another, however, in some industries this is different, for example with the Drivers Domestic and EU hours which can be either 10hrs or 8hrs for domestic and 10hrs and 9hrs for EU depending on certain criteria.

Certain other industries such as retail and tourism can also have exemptions for the 11 hour daily rest periods as long as the compensatory daily and weekly rest periods during the week total a minimum of 90 hours. For example, she may have 8 hours between shifts on Monday and Tuesday, but she would have 14 hours between Tuesday and Wednesday...

I would expect that your girlfriend is being treated well with these statutory parameters and the company are not bending any rules whatsoever.
 
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fini said:
Are you saying the roads are entirely impassable with no cars on them at all? How, if that is true, have all her colleagues got in to work?
Click to expand...

I'm guessing that she doesn't drive and as Aruffel said the buses aren't running.

Still, she could still get a taxi assuming they're running/would pick her up.
 
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