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... so which law is it?

Discussion in 'Workplace dilemmas' started by lilachardy, Mar 23, 2016.

  1. lilachardy

    lilachardy Star commenter

    If you are told to work on a day when you normally don't work due to being part time, be it INSET, a parents' evening or whatever, under which law can you refuse?
    And is it the same law that states you should be paid overtime?


    Thanks :)
     
  2. FrankWolley

    FrankWolley Star commenter

    Law of contract - if it states you work (say) 'Monday, Tuesday & Friday', then you can't be forced to work on the other 2 days. You can't force them to pay you to work on those 2 days, but you can do a deal and say you will come in for pay (or a day off in lieu).

    NB it's a civil matter, so you can't report the HT to the police!
     
  3. Compassman

    Compassman Star commenter

    Definitely a no if you are STPCD and if not check your contract.

    For example if you work just Mondays and Fridays you cannot be told to come in Tuesday and Wednesday because the next two Friday and Mondays are bank holidays.
     
  4. GLsghost

    GLsghost Star commenter

    It relates to your contract of employment and would relate to a breach of that contract. It's never usually as simple as identifying one law. Usually there are various bits of statutory and common law that can be applied.

    Your contractual hours are set out in your written terms and conditions of employment and s1 (4) (c) Employment Rights Act 1996 that this must include "any terms and conditions relating to hours of work (including any terms and conditions relating to normal working hours)". Here's where you will find the express term of your contract which states the hours of your work.

    s13 ERA 1996 is also relevant - unauhtorised deduction of wages.

    If you are treated badly for refusing, there are various bits of legislation and caselaw relating to victimisation - e.g. automatic constructive unfair dismissal (if you resigned) for assertion of statutory rights; you would argue a fundamental breach of the contract of employment.

    I would also look at the Part-Time Workers (Prevention of Unfair Treatment) Regulations. I cannot imagine a full-time worker would be directed to work on a Sunday and what is being proposed to you is no different.

    Get your union onto it. If you are not a member of a union, send me a Convo and I can access help via Citizens Advice for this if you would like me to. In fact, it would be a pleasure! :)
     
    Yoda- likes this.
  5. lilachardy

    lilachardy Star commenter

    Thanks GLsghost.
    I will hook out my contract so I have the details, and get back to you.
     
  6. TheoGriff

    TheoGriff Star commenter

    GLsghost and Yoda- like this.
  7. lilachardy

    lilachardy Star commenter

    Thanks Theo.

    I wouldn't mind so much if we were asked....
     

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