Can I reduce my days?

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I have a bit of a query hoping someone can help me with.

A few years back I started my full-time 5 day a week job. When I got my contract it was basis of 5 days but 3 days guaranteed.but other days they could if they at 5pm the day before. Declare following day a non working day. None of the working days were fixed. So you never knew if the following day was working or not.

As it happens I have never had a non working day. But others have. Just recently others have been placed on non working days again.

My contract also states overtime may at times be required.

The thought behind this was to give flexibility to the employer.

My question is, as an employee. Do I have rights to also decide to have a non working day? I am guessing they have the right to say which days I work. But if I have done my 3 days. Could I decline to work legally or could the overtime clause always trump my request for non working day.

Comments

  • Takeaway_Addict
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    What does it actually say on the contract? If it says the employer can choose then based on that contract no.

    However you can always put a flexible working request in....have a google on it.
    Don't trust a forum for advice. Get proper paid advice. Any advice given should always be checked
  • Ja7188
    Ja7188 Posts: 336 Forumite
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    The fact that you've never had a non-working day whilst others (presumably in the same role as you?) have suggests that you're seen to be good at your job, so it's definitely worth asking the question. Personally, I'd be inclined to do this before spending too much time looking into what you are/ aren't contractually entitled to - you may find they value you and will grant your request to keep you happy.
  • TELLIT01
    TELLIT01 Posts: 16,488 Forumite
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    It's possible that your current manager isn't even aware that you are only guaranteed 3 days work per week. You can certainly make a request to reduce your hours, and your contract may help in getting that agreed. What you can't do is demand a particular day off each week.
  • Hagar_uk
    Hagar_uk Posts: 274 Forumite
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    thanks for info.

    cannot find my contract at the mo. But from very memory was very vague only offering 3 days a week fixed. Nothing how days would be chosen. The idea behind it was if no work came in for the following day. We would have a non working day.

    Regarding flexible working. already asked once. I kid you not this was turned down as i have a son and should be providing for him. Hmm very dodgy ground considering all females in the company have days and hours changed at will according to their kids and school times.

    The reason I would like to take some days off. Is 2 days a month I have my 8 year old dropped on a Friday for the weekend. My job is field based. So that day they could give a job in Cornwall or Yorkshire which can end up being a 14 hour day.

    As it happens I have normally done my contracted hours by the end of Wednesday or Thursday.
  • theoretica
    theoretica Posts: 12,306 Forumite
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    Hagar_uk wrote: »

    Regarding flexible working. already asked once. I kid you not this was turned down as i have a son and should be providing for him. Hmm very dodgy ground considering all females in the company have days and hours changed at will according to their kids and school times.

    They weren't by any chance foolish enough to say that in writing?
    But a banker, engaged at enormous expense,
    Had the whole of their cash in his care.
    Lewis Carroll
  • Hagar_uk
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    No such luck lol. it's the kind of place where there is no one person doing HR. lots of things are said verbally. and then group amnesia when you ask about it later.
  • Ja7188
    Ja7188 Posts: 336 Forumite
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    Thinking about this a bit more, you probably need to tread very carefully here - if, as has been suggested above, management aren't aware that you are only officially contracted to 3 days per week and this fact comes to their attention, you could find yourself getting more non-working days than you actually want...
  • Kayalana99
    Kayalana99 Posts: 3,626 Forumite
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    Ja7188 wrote: »
    Thinking about this a bit more, you probably need to tread very carefully here - if, as has been suggested above, management aren't aware that you are only officially contracted to 3 days per week and this fact comes to their attention, you could find yourself getting more non-working days than you actually want...

    They are aware of it, OP even said others in company have had non working days.
    People don't know what they want until you show them.
  • Ja7188
    Ja7188 Posts: 336 Forumite
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    Kayalana99 wrote: »
    They are aware of it, OP even said others in company have had non working days.

    Not quite - it's been stated that others in the company have this arrangement, but it is suggested above that the OP's manager may not be aware that it applies to the OP personally - and the OP hasn't subsequently stated that his manager isn't aware of this.
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