Where do I stand

Minibiker

Minibiker

Minibiker

Soldato
Joined
27 Mar 2016
Posts
7,298
Location
Bristolian living in Swindon
Hi all

I work as a warehouse operative Monday to Friday contract 1:30am-10am...

My manager has put me on a Rota to go in on a Sunday.... I've spoke with him about not doing it and he says he can sack me for not coming in..

My reasons are, I can't get childcare for my 15 month old son... I'm a family man and I see my weekends as free time to spend with my son...

Where do I stand at times like this? He surely can't sack me if I don't turn up...
 
Scrutinize said:
Duration of service is irrelevant to this issue. It depends on company policy and your terms of contract. Have you done what I said re informing them yet?
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I will get it written up and give it to my employer ASAP... He wants me in Tonight but I physically can't do it as my wife goes to work early weekends.. He knows the situation as I'm good mates with him but hes now becoming bit of a douche... He says give my son to family for tonight but my family live in Bristol (40 mins away) he says i can leave early 7am (shift 4am-10am) i dont see the point in sending my son all the way there for me to work 3 hours then go get him
 
Rroff said:
How much notice have you had? regardless of what the contract says if you've worked one pattern for a considerable length of time then legally there is a reasonable minimum notice they have to give you unless you agree otherwise - after that though the law is on their side :s
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He told the whole team about 3 weeks ago but hadn't wrote the Rota up until last week.... I think its a joke how employers nowadays expect you to be committed to them 110% over your family... to me my family is more important in life than bloody boxes :mad:
 
Scrutinize said:
This is very true and something I fully agree with. It really winds me up when companies don't; but sadly they can get away with it and in many jobs like yours they can simply replace the staff.

Unfortunately companies are entitled to put the company first. You are just a number to them, nothing more.
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Yeah that's all he keeps saying "if you don't like it then leave as there's plenty of agency people asking for jobs" :mad:

What really frustrates me is the fact he says he needs to give his son to his mum so he can work weekends but he seems to avoid the point that i state, His family live here mine dont :mad:
 
Rroff said:
You really need expert advice here with all your details - when similar happened to me - despite a contract that gave them a lot of flexibility to change shifts - in arbitration they were told that I was actually entitled - if I didn't agree to the change - to notice of a week for every year I'd worked there upto a maximum of 12 weeks, before they could force the change, due to having worked a set pattern for so long and not the 4 weeks notice that was in the contract (which they'd ignored). But that won't necessarily apply depending on all the details.

They tried to claim the initial consultation (about 10 weeks earlier) where it was only "might be changing" rather than the point at 6 days from the change where they said it was definitely happening counted as notice and they were told in definite terms it didn't count. (I'd have been quite happy with 4 weeks personally but was put on the spot by 6 days notice of a significant change in shift pattern and there was absolutely no way I could do the first change of shift).
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Do they need to give written notice of changing it or me working this day... It's classed as Overtime for me so technically not my working day
 
@Scrutinize I am about to write the letter you mentioned above...can you give me some idea of what to write in it please...

Also is it best to write 2 copies and keep one myself so he can't say he hasn't received anything
 
Scrutinize said:
Have you confirmed what your employee handbook/company policy and contract says yet?

I see you mentioned this is overtime, if I read that right. Technically they can't make you work overtime but if you don't you may lose the option to do it.

Keep it brief and to the point.

Main carer child, insufficient and unreasonable notice.

It's your choice next depending on whether these are contracted hours of overtime as to whether you want to work it or will be contractually required to.

What they can't do is dismiss you for it. Notice of the rota changing does not qualify as notice of the specific change unless they told you it would be Sunday. Furthermore this had to be in writing from them. Saying they told you 3 weeks ago for example is not acceptable.

As for how much notice they need to give you that can depend on a number of factors and your contract. The longest they would be required to serve a change in terms and conditions is 12 weeks. I suspect it will be as required or as per your contract notice in their terms and conditions/policy.

The problem is, you can fight it and you have considerable employee rights but; it costs time and money and unless they try to dismiss you or undertake a disciplinary, the outcome will be you, at some stage will need to work it (unless it's overtime and not contractual hours).

The key question here is what outcome do you actually want?
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Thank you for this bud... This really helps me to understand what my rights are...

When they asked us all to work they said you can have it as overtime... I said I wouldnt be able to do it so it doesn't matter if its overtime or not.. but they weren't happy with my reply....

I asked for it in writing from them also and he said he didn't need to do that, its his choice what his staff have to do..

I will go in tonight at 00:30, be interesting to see what they have to say
 
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