Is this legal? Expected to travel on Sunday for no pay?

SarahLou

Thanks again for everyones help on this one.

Hubby travelled down on Sunday after deciding that leaving at 1am and still not getting any money towards the petrol expenses if he'd travelled down on the Monday morning wasn't really viable.

He phoned tonight to inform me that as of tomorrow he will have to share a room with one of his colleagues (AGAIN). And he suspect he might be made to stop there for next week too (but we'll see). I've suggested that if he only gets a day or twos notice of this, he should refuse and say he can't as he hadn't been given enough notice. He only had a few days notice that he was getting sent away this week so I hope for his sake they tell him sooner rather than later if they want him there next week too. Neither of us will be best pleased if they only tell him on Friday (as per normal) - its too short notice for work so far away

Have compiled a whole list of jobs for him to apply for when he gets back (of course only going to be applicable if he actually gets home for the weekend and isn't made to stop there til next week....)

lucylucky

SarahLou wrote: »

Thanks again for everyones help on this one.

Hubby travelled down on Sunday after deciding that leaving at 1am and still not getting any money towards the petrol expenses if he'd travelled down on the Monday morning wasn't really viable.

He phoned tonight to inform me that as of tomorrow he will have to share a room with one of his colleagues (AGAIN). And he suspect he might be made to stop there for next week too (but we'll see). I've suggested that if he only gets a day or twos notice of this, he should refuse and say he can't as he hadn't been given enough notice. He only had a few days notice that he was getting sent away this week so I hope for his sake they tell him sooner rather than later if they want him there next week too. Neither of us will be best pleased if they only tell him on Friday (as per normal) - its too short notice for work so far away

Have compiled a whole list of jobs for him to apply for when he gets back (of course only going to be applicable if he actually gets home for the weekend and isn't made to stop there til next week....)

Time for him to hand in his notice.

DVardysShadow

SarahLou wrote: »

And he suspect he might be made to stop there for next week too (but we'll see). I've suggested that if he only gets a day or twos notice of this, he should refuse and say he can't as he hadn't been given enough notice.

Absolutely unacceptable, regardless of notice. If it is feasible to travel home time wise, he should be allowed to do it - and at company's expense. In his position, I would be putting my foot down about sharing too.

SarahLou

Well just a bit of an update on this one for all those who replied and helped me/hubby out with the problems he has been having.

They have now all been told (and this is a blanket rule for everyone from now on) that they won't be allowed to travel home at weekends unless they do so in their own cars and pay for all the petrol themselves. Apparently the company are only obliged to allow them to use the company vehicle(s) at the very start and end of the project so in some instances that will mean people could be away from home for very lengthy periods of time if they can't/won't use their own cars/pay their own petrol to get to/from various sites.

Now worrying that I won't see my hubby for over a month (poor little one, she misses daddy terribly when he's away) later in the year as its so far away it would cost about £70 in petrol each way on Friday/Monday for him to get to/from site in his own car if he was to come home at weekends.

Another blanket rule enforced now for everyone is that they aren't allowed to leave early on the Friday (irrespective of how early in the morning they had to leave on the first Monday of the project starting). They have to work til 4:30pm at the earliest. Full stop. So even at the very end of a project, they won't be getting home til stupid-o'clock on the Friday night in some cases where work is a very, very long way away. (Hitting rush hour in all cases too).

And another thing..... apparently they're only obliged to pay for 5 nights subsistence, despite this new rule practically forcing people to stop at weekends too. They will apparently still book accomodation for the three nights over the weekend when most people would normally have come home (Fri, Sat and Sun night) but will only provide subsistence for 5 out of 7 days.

All of this has come about because someone has apparently complained to some higher-body (not my hubby though, he's not to blame for this one :rotfl:) - good on them, shame its made things worse for everyone.

But like hubby says, this "higher-body" company that has been complained to are only interested in health and safety in his occupation so all these new rules are presumably just made up by this particular boss simply just to make things as awkward as possible for everyone. Seems he must want the company to fold as, at this rate, everyone will leave. :mad:

paulwf

Thanks for this - to be honest you know this has to be one of the worst companies in the UK and they want to get rid of staff so it really is time to leave. How much further are you prepared to let it go?

Once he is out of there I'm sure something will turn up soon. As I mentioned before even a min wage job is fine as you'll be saving so much money.

Googlewhacker

paulwf wrote: »

Thanks for this - to be honest you know this has to be one of the worst companies in the UK and they want to get rid of staff so it really is time to leave. How much further are you prepared to let it go?

Once he is out of there I'm sure something will turn up soon. As I mentioned before even a min wage job is fine as you'll be saving so much money.

I agree, they seem to want to cut costs so are making life hard for people

lucylucky

Time for a lengthy phone call to ACAS to explain exactly what has been said to your husband. If he can get it all in writing then so much the better. In fact he needs it all in writing.

As for the length of working days remember that unless he has signed an opt out from the Working Time Regulations these are governed by legislation.

If they are so interested in H&S then they will of course need to take all the hours into account as they do have a duty of care to their employees.

Good luck.

lucylucky

If he does end up leaving by the sounds of what they have done he may be able to get them for constructive dismissal.

teabelly

Contact ACAS. They can only travel home in their own vehicles if they travelled to the site in one in the first place! Everyone should leave. The company is run by scumbags. I'd also wonder whether effectively forcing someone to stay somewhere on weekends and have no family life was a contract change that the Boss could make without falling foul of the HRA - right to private and family life. Or even employment law in general.

Pete111

SarahLou wrote: »

Well just a bit of an update on this one for all those who replied and helped me/hubby out with the problems he has been having.

They have now all been told (and this is a blanket rule for everyone from now on) that they won't be allowed to travel home at weekends unless they do so in their own cars and pay for all the petrol themselves. Apparently the company are only obliged to allow them to use the company vehicle(s) at the very start and end of the project so in some instances that will mean people could be away from home for very lengthy periods of time if they can't/won't use their own cars/pay their own petrol to get to/from various sites.

Now worrying that I won't see my hubby for over a month (poor little one, she misses daddy terribly when he's away) later in the year as its so far away it would cost about £70 in petrol each way on Friday/Monday for him to get to/from site in his own car if he was to come home at weekends.

Another blanket rule enforced now for everyone is that they aren't allowed to leave early on the Friday (irrespective of how early in the morning they had to leave on the first Monday of the project starting). They have to work til 4:30pm at the earliest. Full stop. So even at the very end of a project, they won't be getting home til stupid-o'clock on the Friday night in some cases where work is a very, very long way away. (Hitting rush hour in all cases too).

And another thing..... apparently they're only obliged to pay for 5 nights subsistence, despite this new rule practically forcing people to stop at weekends too. They will apparently still book accomodation for the three nights over the weekend when most people would normally have come home (Fri, Sat and Sun night) but will only provide subsistence for 5 out of 7 days.

All of this has come about because someone has apparently complained to some higher-body (not my hubby though, he's not to blame for this one :rotfl:) - good on them, shame its made things worse for everyone.

But like hubby says, this "higher-body" company that has been complained to are only interested in health and safety in his occupation so all these new rules are presumably just made up by this particular boss simply just to make things as awkward as possible for everyone. Seems he must want the company to fold as, at this rate, everyone will leave. :mad:

Wow...

I'm sorry to hear all that OP. They really are making this up as they go along....I would hazard there are a number of potential flaws in the companys (seemingly random) edicts. The H&S /Company vehicle stuff appears totally made up to keep costs as low as possible.

It may be worthwhile contacting ACAS or suggesting your hubby and his group band together to fund an initial conversation with a lawyer. If they share the cost it will not be prohibitive

I trust he is seeking other work at this point also?