Disciplinary Help!!!

jakes-mum

THis is what I found re breaks on the directgov website:

The rights to breaks apply differently to you if:

• you have to travel a long distance from your home to get to work
• you constantly work in different places making it difficult to work to a set pattern
• you are doing security or surveillance-based work
• you are working in an industry with busy peak periods, like agriculture, retail or tourism
• there is an emergency or risk of an accident
• the job needs round-the-clock staffing (such as hospital work)
• you are employed in the rail industry and you work on board trains or your activities are irregular or linked to seeing that trains run on time

In these cases, instead of getting normal breaks, you are entitled to 'compensatory rest'. This is rest taken later, ideally during the same or following working day. The principle is that everyone gets a minimum 90 hours rest a week on average. This is the total of your entitlement to daily and weekly rest periods, although some rest may come slightly later than normal.

When I worked for the military (organising civilian drivers for military personnel) I had to stick to the 11 hr stand down rule where ever possible, but was allowed to bring down their rest time to 9hrs if they agreed and on the understanding I had to make that stand down time up within the 2 week period.

stephbond89

These are breaks during the working day though, and not rest periods as far as we could work out, and from what Acas say, there was NO exception to the rule of 11 hours between shifts. The part you ahve copied here, I seem to remember reading myself and this is about actual breaks during a shift- which I know my husband isnt entitled to due to his work type.

Vut the 11 hours between shifts seems to be something which every worker has a right to and an employer has to stick to- especially I would have thought with night work??

jakes-mum

from what i remember through the books re working hours directive I had to read for my job (please someone correct me if my memory is not up to scratch) you can by law reduce rest time down to 9 hrs twice a week as long as that rest time is then made up at a later interval, and I always had to make it up within the 2 week period.

I know you can do this as I always had to run it past my transport manager (ex service) and justify the stand down change and show where I was going to make the stand down time up later (i had a weekly work roster)

MrRedundant

stephbond89 wrote: »

Working Hours:

(He works a two week rota)
Monday: 5pm to 8am
Tuesday: 5pm to 8am
Wednesday: off
Thursday: off
Friday: 5pm-7am
Saturday: 7pm- 7am
Sunday: 7pm- 7am
Monday: off
Tuesday: Off
Wednesday: 5pm-8am
Thursday: 5pm-8am
Friday: off
Saturday: 7am-7pm
Sunday: 7am-7pm

And then back to Monday 5pm-8am.

It probably does breach 11 hours on occasion but then I suspect one of the opt outs or exceptions will apply.

I actually think that your OH needs to consider whether this sort of employment is for him as the hours may be affecting him but DDA only requires reasonable adjustment (and thats if it applies).

If your husband isnt fit for work they can dismiss.

I don't think your going to have much claim using WTD.

What sort of work is it?

stephbond89

So its another thing they get away with on a technicality. it seems to me my husbands company do things by the book but in a very harsh way!!!

At christmas, last yr anyway, he worked from the 23rd December through to I think the 2nd January without a day off work- he was forced to do this, and was NOT under any cirecumstance allowed time off- he got a warning a while back as I said before for taking a day off sick during this time! These were 12 hour shifts, thats 10 shifts in one go, is THIS legal???

I just want SOMETHING I can come back at them with if they DO dismiss him, it seems his bosses have wanted rid of him a while- he doesnt do overtime as he is already too tired with the shifts he does, and they dont like that, and now his boss is been funny over his medication. The chances of him keeping his job are becomming thinner by the second it seems.

He has just phoend his boss to be told he is still waiting for some information to come through before he can make a decision. There is no information he could be waiting on only that he could not be taken to court for unfair dismissal for firing him due to his medication. Seems we'll bve living like paupers for a few weeks then!!

stephbond89

Security work. I have said to him numerous times about changing his career, but he is too commited to the flipping company, cr*p as I think they are, to change or leave them in the lurch. Ive told him a few times he'd be better off out of it but he doesnt think he would, he's too loyal even to a company who have for 3 years treated him like dirt, done nothing for him but expected everything in return.

He has said he would be happy for a transfer to another site which has less hours (12 hour shifts which are split into 3 days 3 nights and 3 off), where they have been asking for months for him to change to as they needed a guard there. Its not that he is unfit for work, just the 15 hour night shifts were taking it out of him.

zzzLazyDaisy

Fiddlestick wrote: »

I think what you mean is that the employer cannot terminate the employee *without notice* whenever they like, nor can they terminate for reasons that would be discriminatory (i.e. the employee is black, jewish, pregnant, or is a black pregnant jew )

An employer is perfectly entitled to tell an employee that their services are no longer required and serve them with their notice as laid down in their contract.

This is incorrect advice.

Once the employee has 12 months service, s/he acquires rights under the employment protection legislation which are in addition to their contractual rights. This means that the employer can only terminate for a 'fair reason' as laid down by law, and in addition must follow fair procedures.

williacg

Apologies if you have already answered this question, but have you sought any legal advice (excluding this forum)? If not, I suggest you do so immediately, perhaps your local CAB. Sit down with your husband and document all of the details, including dates and any supporting evidence he might have, and bullet point all of the major issues you would like to be addressed - you need to be prepared.

I hope all goes well.

MrRedundant

stephbond89 wrote: »

Security work. I have said to him numerous times about changing his career, but he is too commited to the flipping company, cr*p as I think they are, to change or leave them in the lurch. Ive told him a few times he'd be better off out of it but he doesnt think he would, he's too loyal even to a company who have for 3 years treated him like dirt, done nothing for him but expected everything in return.

He has said he would be happy for a transfer to another site which has less hours (12 hour shifts which are split into 3 days 3 nights and 3 off), where they have been asking for months for him to change to as they needed a guard there. Its not that he is unfit for work, just the 15 hour night shifts were taking it out of him.

Security work is an excepted WTD role. Its also likely he is a lone worker I guess therefore then not declaring this is almost certainly gross misconduct.

I am afraid I would be preparing for dismissal.

stephbond89

What would be misconduct?? He has not NOT declared anything- he declared his medication to his boss from day one. Anti depressants are anti depressants, his boss was made aware of the meds he was on, which was what he was asked, he was NOT asked of any side affects they may have had, only what medication he was on, and what it was for. If he said he was on Warfarin for thinning his blood due to blood clots...he would have simply said Warfarin for Blood Clotting. He would never have been expected to go into the ins and outs of the side affects which occur in 1 in every 1000 people. His medication doesnt make EVERY person drowsy who take it, but it IS a rare side affect, but ALSO so is a heart condition resulting in the medication, high blood pressure etc. All of which are 1 in 1000 cases. Just as there are side affects with ALL medication no matter what it is, there are always side affects which happen in SOME cases. If drowsiness was something which came with the drug (as it is with some) then YES it was something he should have mentioned, but seeing as it had not affected him for 12 months, he had NO reason to believe it ever would, his doctor had never made him aware of it either. The drowsiness ONLY kicked in that weekend, and the first chance he got he went to the doctors!!!! He fell asleep on the Monday ngiht, he couldnt see a doctor over the weekend, and he was working on Moinday so couldnt get an appointment then, Tuesday was the next available time, and low and behold by then, he was suspended...!!!!!

He has never not declared something, so how it can be gross misconduct I dont know, if he had not declared his medication then yes that would be.