work rights ?????

System

Why would he need a health assessment to do 6 * 8 hour shifts in a row?

C_Mababejive

Google is your friend....

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028519

iamana1ias

maz27 wrote: »

European Working Time Directive = government legislation to prevent u being forced to work over 48 hours.

It's your use of text speak that is confusing people - it's hard to determine the numbers and the words eg n2 instead of 'into', 4 instead of 'for'.

6 shifts of 8 hours = 48 hours, so in what way is his employer in breach of the WTD?

As withabix has advised, it doesn't prevent you from working more than 48 hours in any week so long as the average over 6 months is 48 hours or less.

I can't see any claim for constructive dismissal here. What exactly about work is causing the (alleged) stress?

ceridwen

Another vote for using normal language - instead of textspeak. I was sitting there thinking that term you used must be some sort of technical term used in the job - hence why I'd never heard of it.

Bobl

This does not make sense. do you mean:

1. works 48 hours per week - perfectly legal

2. Opted into European Working Time Directive - His perogative but not necessary given his working hours.

3. Van taken away - Unless a contractual right, perfectly legal to take it away.

4. Off sick with stress - what caused the stress? Surely none of the above!

If you can explain more you will get better advice.

DVardysShadow

maz27 wrote: »

Hi,
Would appreciate advice, partner worked 6 x nightshifts without a health assessment, has now opted n2 EWTD, boss has taken his works van from him, he's signed off with work related stress. Is he able to go 4 constructive dismissal??????:(

Do you mean 'opted into European Working Time Directive' and 'gopher'? 'Gopher' does not make sense. Please avoid txtspk for anything like this - if you want your readers to understand that is.

System

Bobl wrote: »

This does not make sense. do you mean:

1. works 48 hours per week - perfectly legal

2. Opted into European Working Time Directive - His perogative but not necessary given his working hours.

3. Van taken away - Unless a contractual right, perfectly legal to take it away.

4. Off sick with stress - what caused the stress? Surely none of the above!

If you can explain more you will get better advice.

Maybe it was

3. Off sick with stress

therefore

4. Van taken away as not required while off sick

Savvy_Sue

!!!!!! wrote: »

Maybe it was

3. Off sick with stress

therefore

4. Van taken away as not required while off sick

Indeed, that's why I suggested giving a timeline. But as long as all we have is that's it's been going on for 2/3 weeks, and we don't know WHAT'S been going on, in what order, or for how long, I for one am completely at a loss ...

There's also a difference between being ASKED to do a week of nights as a one off, and REQUIRED to change to all night shifts. I sometimes work evenings or weekends, to meet the needs of the business, but if my employer required me to change my hours radically our negotiations would take rather longer than they do at the moment.

pinkshoes

I'm confused! maz27, can you post the full story in English without text speak?

As far as I can understand, your partner was asked to work 6 night shifts in a row, each one being 8 hours long.

He didn't want to do this, and told them so, so they took the van off him, and he then went off work sick with stress.

Is that correct?

I'm not sure what the company has actually done wrong, and why a health assessment is required. I used to work night shifts doing 8 hour nights (10pm til 6am) monday to friday, and then I did 12 hour nights on saturdays and sundays.

Emmzi

I cannot see why a health or risk assesment is required, why he feels he has a right to the van, why he can't do night shift, and what any of this has to do with stress.

I'd suggest on evidence presented there is no contsructive dismissal here.

Can you give us any further background as right now the employer does not seem to have done anything wrong at all.