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can they force me to do weekend work?

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Comments

  • Hi

    Just to bring it back to the issue of if they can enforce you working weekends, then there is a process they would need to follow, to start consultation with you regarding weekend working, this would usually take 1-2 weeks, during which time you should be allowed to air your concerns. Most companies operate a can't/won't situation, ie if you genuinely can't then they would be unfair to enforce this.
    However, if you are a won't (ie because you like weekends off etc -not suggesting this is your reason!) then they will usually issue notice for a new contract - this means that you are effectively dismissed from your current contract and re-engaged on a new one including weekend working. If you refuse to sign the new contract then you are effectively dismissed under SOSR (some other substantial reason).

    However, there is the risk that you could take them to tribunal for breach of contract if you feel that they have failed to listen to your situation.
    Ps - on the issue of flexible working, anyone with a child under 16 can apply, but a company does not have to grant this,they only have to consider it, and it would only really be relevant if you were already working the hours.

    HTH x
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  • patman99
    patman99 Posts: 8,532 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker Photogenic
    I have to ask, but what sector does your company operate in?.
    Never Knowingly Understood.

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  • woody01
    woody01 Posts: 1,918 Forumite
    edited 22 December 2009 at 12:08AM
    987654 wrote: »
    As you have children, you have the right to request flexible working - which covers not be able to/ wanting to work at weekends due to the need/ desire to be with your children.


    Yes Flexible Working Hours is a directive for employers but ONLY IF the needs of the business are also met.
    You certainly CANNOT decide which hours suit you best and then force the employer to comply which is how you suggest it works.

    Too many people think this way and are suprised/whiney when the employer refuses.
    Needs of the business ALWAYS come first over the employee requirements.
  • sillygoose
    sillygoose Posts: 4,795 Forumite
    Part of the Furniture
    Hi

    Just to bring it back to the issue of if they can enforce you working weekends, then there is a process they would need to follow, to start consultation with you regarding weekend working, this would usually take 1-2 weeks, during which time you should be allowed to air your concerns. Most companies operate a can't/won't situation, ie if you genuinely can't then they would be unfair to enforce this.
    However, if you are a won't (ie because you like weekends off etc -not suggesting this is your reason!) then they will usually issue notice for a new contract - this means that you are effectively dismissed from your current contract and re-engaged on a new one including weekend working. If you refuse to sign the new contract then you are effectively dismissed under SOSR (some other substantial reason).

    However, there is the risk that you could take them to tribunal for breach of contract if you feel that they have failed to listen to your situation.
    Ps - on the issue of flexible working, anyone with a child under 16 can apply, but a company does not have to grant this,they only have to consider it, and it would only really be relevant if you were already working the hours.

    HTH x

    I wish I could click 'Thankyou' multiple times for focusing on the issue and not the rights and wrongs of something I prefer not to do. Obviously from my point of view the welfare of my family is vastly more important than the companies quite healthy margins. I wasn't whining about anything, if I don't like it I have it in my options to go elsewhere.

    You mention consultation, some group-wide meetings have already been announced concerning working practises with the request to remain open minded. Various other things have been recently contrived to 'set the scene' hence my suspicion of what is coming. You have answered my question that yes it could be forced if they wished. Obviously I will wait and see what happens but at least I am forewarned that its no good fighting it and I should prepare by updating my CV. Thanks again.
  • paulwf
    paulwf Posts: 3,269 Forumite
    If it is only occasional and you get paid extra for it it may not be all that bad.

    It may be nice to have some "me time" and your wife might also appreciate a day off to herself every now and then. It can be very healthy for a relationship to not spend every day off together. Just think, instead of spending Saturdays shopping you can spend a Tuesday on the golf course :)

    Spreading days off also has practical advantages, you will be able to pick the kids up and do any extra shopping and prepare the evening meal whilst your wife is at work. I much prefer doing any shopping on a weekday when the shops are a lot quieter.

    If you've worked at the company for 10 years without any significant contract changes you've done well, many people have been made redundant a couple of times in that period. Others have had their pay and conditions severely reduced. Companies do have to evolve and weekend working is becoming more common.

    All I'm saying is if you approach it with a positive attitude it might not seem all that bad, certainly not in "to milk employees to the bone and infringe into their lives at all levels" proportions.
  • woody01
    woody01 Posts: 1,918 Forumite
    Obviously from my point of view the welfare of my family is vastly more important than the companies quite healthy margins. I wasn't whining about anything
    Not from an employers point of view.
    I employ you to do a job, and whether your family welfare is at risk or not, is your concern and not the employers.

    There are 2.5 million people that will do you job if you don't want it.
  • Badger_Lady
    Badger_Lady Posts: 6,264 Forumite
    Part of the Furniture 1,000 Posts Photogenic Combo Breaker
    woody01 wrote: »
    Not from an employers point of view.
    I employ you to do a job, and whether your family welfare is at risk or not, is your concern and not the employers.

    There are 2.5 million people that will do you job if you don't want it.

    I bet you get great motiviation and productivity out of your staff!
    Mortgage | £145,000Unsecured Debt | [strike]£7,000[/strike] £0 Lodgers | |
  • I bet you get great motiviation and productivity out of your staff!

    I completely agree. At the end of the day, most companies will listen to an employees views if they believe in retaining the best in people.
    Just on a point you made silly goose, although they may have started 'wider consultation' to prepare you, they must have individual meetings with you in order to fulfill their obligation to consult 'meaningfully'. They cannot take the views of the wider focus group as yours.

    xx
    Pay off as much as you can in 2011: £780/£8000
    Vouchers through surveys/shopandscan: £10/£250
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