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

Savvy_Sue

SarEl wrote: »

Try this - http://www.direct.gov.uk/en/parents/moneyandworkentitlements/parentalleaveandpay/dg_10029416

It isn't the answer but it may be an answer. For the current weekend anyway. Pulling a sickie and then getting caught - you'd be amazed how often it gets found out - could get you sacked, which won't help. Employers are legally obliged to make provison for parents to take parental leave or special leave for emergencies. I'd call no childcare on a Sunday at short notice an emergency! It won't make you any more unpopular than pulling a sickie I doubt, but if the employer is being really awkward about it they ought well to be more careful as these are rights, not suggestions!

Another but but but but here ...

Is this actually an emergency? I think the OP's employer might say it's NOT an emergency, because she's known about the problem for several days now, and has therefore had time to sort it.

You know and I know (well, you may not know but I'm sure you'll realise) that just because you've known for several days doesn't mean you can find a solution where weekend childcare is concerned... but I'm still not sure it's an emergency!

SarEl

Savvy_Sue wrote: »

Another but but but but here ...

Is this actually an emergency? I think the OP's employer might say it's NOT an emergency, because she's known about the problem for several days now, and has therefore had time to sort it.

You know and I know (well, you may not know but I'm sure you'll realise) that just because you've known for several days doesn't mean you can find a solution where weekend childcare is concerned... but I'm still not sure it's an emergency!

I couldn't disagree one jot with either of the "but, but, but's". That's why I suggested it was possibly "an answer" - rather than pulling a sickie as she suggested. If her employer doesn't know that she has known for several days, as a one off it may be better than the sickness route; and in terms of not jeopardising her job, is less risky than pulling a sickie that might get found out as not being due to sickness. But I was in no way trying to suggest that this addressed the OP's original issue over her OH's psoition - just suggesting a possible stop gap to help out on this one occasion. I can't disagree that the OH's situation being sorted is the actual answer - but I am not altogther sanguine that there is an answer to that. It is all very well telling him to stand up to his employer. I agree entirely. But what if his employer "stands up" to him back? Refusing to carry out a lawful instruction (which this is - despite being bitterly unfair) can result in a disciplinary or dismissal. So I was just trying to suggest a stop gap that might get through the immediate issue - longer term resolution, if such is possible, will take more.

paulwf

One solution would be to ask for the guest house plus £10 spends to be paid so it can be put toward petrol...will your husband be able to still get there for 8.30 though?

As SarEl says there isn't really an easy answer. The most important thing is to ask the employer whether this is going to carry on and if so for how long and then look at what you need to do long term.

For this weekend either you need to find childcare or speak to your Sunday job employer and take holiday or ask for an early finish and get your husband to travel later and pay for the petrol. Sometimes costs have to be incurred short term to keep your attendance record, probably more so if you have kids. Get through this weekend then regroup and look at the long term plan.

paulwf

Just read your other thread and can't believe he has been messed about for a year. You have so many issues to sort I'd definitely just do anything possible to get through this weekend then sort out everything next week. You have a big battle ahead of you and need to sort it properly, no point in rushing into a fight today.

I hope he has been job hunting for the last year?

Andy_L

Oldernotwiser wrote: »

For the term of this contract, it's his place of work; even travelling between different sites on the same day doesn't require business insurance.

yes it does, however the lowest level of business use rarely costs any extra

inmypocketnottheirs

All this in a business that has been hit by recession?

I'm sure if the OP's OH does not want to make these sacrifices to keep his job, then there are many others that will.

It may be unpalatable but in today's job market, employers can, and do, often call the shots. It is not right, but then !!!!!! happens.

If and when the economy improves and things turn round to the worker's advantage, then it will be this kind of employer that finds it hard to keep loyal and competent staff.

For a while now, we have been reverting to the 'Victorian Mill Owner's' mentality. Just as Martin talks about consumers being in an adversarial position, so are employees.

However, my advice would be to put up with whatever is required until something else can be found. The OP's OH always has the chance to vote with his feet, I am sure there will be plenty of others to fill his shoes.

As I say, it may not be right, but it's a fact of life.

lucylucky

"I'm sure if the OP's OH does not want to make these sacrifices to keep his job, then there are many others that will."

Well that opinion took longer to surface that I for one thought.;)

inmypocketnottheirs

lucylucky wrote: »

"I'm sure if the OP's OH does not want to make these sacrifices to keep his job, then there are many others that will."

Well that opinion took longer to surface that I for one thought.;)

It's just an indication of how we are now expected to wrap everyone up in cotton wool and protect them. Just goes to show what this country has come to!

Pete111

dizzyblonde82 wrote: »

I take my time back if I have to leave the house before 8:50 in a morning, I work 10 mins from home but if I have to travel further to attend meetings I always claim the time and petrol costs.

Oooo Look! - a parrallel (inverse) universe!!

If your company pays out for you on that basis DB then kudos to you for having your boss wrapped round your little finger! - most employers would laugh the 'before 8.50' demand out the room! I know I would...

OP. Some valid points have been raised here. And there is a definite case (though not necessarily a legal one) to be made that the employer is taking the mick. What to do about this is not clear cut however and given the state of the economy he needs to take care. You don't want your Husband to end up out of work for making a fuss.

The business car insurance point is very valid also - this is a risk.

Can you give us more info on the company - does it have an HR dept or is it unionised for example? Also, what are the chances of getting the other people to agree to stand behind your husband so the complaint is a 'group' one?

I feel that he may need to lose this battle (do try to get the Sunday night costs back to pay for part of the petrol however) but try to win the 'war' by getting the others on side re this to present a united front . I doubt they are all happy to be giving up their sundays...

lucylucky

inmypocketnottheirs wrote: »

It's just an indication of how we are now expected to wrap everyone up in cotton wool and protect them. Just goes to show what this country has come to!

I disagree.

I don't think standing up to an inconsiderate boss/employer has anything to do with wrapping people up in cotton wool.

I am all for give and take in the workplace, but don't like to see people being screwed over.