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Can I be made to go into work?

snodgrass
snodgrass Posts: 109 Forumite
edited 14 December 2010 at 11:07PM in Employment, jobseeking & training
I have just worked 6 days on the trot,today off, then work again tomorrow. My other day off would be Thursday, but I am booked down for a all day training at work(compulsory) for then.Then no more days off again for 13 days, I should have next Wednesday and Thursday off also, but they have also been booked down for me to go in for 2 full days of training(compulsary), I work in a care home. Is this allowed, I know I have to go to these trainings and all, but from tomorrow, if I attend all those training days plus my work days inbetween, I will not get a proper day off again till nearly 14 days away.

I get up at 5am leave at 6.20 and walk the 2 miles to work(no buses that early round here) work at 7am. I have worked a few 14 hour shifts this week and I am literally !!!!!!ed. These shifts last from 7am -9pm,you do them ,because you are new and are trying to please them.

oh and by the way, they know that I look after my pensioner mother, she is disabled and cannot go shopping herself and all that,she will be stuck in the house all that time.She is dodgy on her feet and well, you just think !!!!!! it "my moms health comes first".

Comments

  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Certainly exceeding the WTD rules on continuous days.

    Areyou getting the other gaps in the WTD rules

    What's the contracted hours, what are you doing

    Holidays based on actual hours or contracted?

    2 miles I would use a bike if regular


    WTD==working time directive (did you sign a waiver, if you did recind it)
  • I'm not sure on the legality or otherwise of making you go into work but I think the type of job you have will be of importance, also is this booked holiday or part of your hours, how much notice did you get and what does your contract say? It does feel like that's to many days of consecutive work though but someone will be able to answer.

    Best thing to do would be to try and have a chat with your manager (or HR). Explain your situation, see what they say - if you're happy to do the course ask for the next day off instead.

    If you really want to go down the route and possibly antagonise your employer you could discuss your rights under the Equality Act (sledge hammer and nut comes to mind). This means you can't discriminate people associated with a disability (in this case your mothers) and the company have to make reasonable adjustments. So if this training is mission critical and can't be done another time, it wouldn't be reasonable to reschedlue just for you as they've provided notice but if you could do it next month and it's not that important then they should let you have the time off.
    Santander are awful - mission in life is to warn people since 17-Sep-10, 18-Sep-10 realised one of thousands.
  • To tell you the truth I have just started last week. I have all my certificates which are valid till next year, manual handling, first aid etc, you name it. But being in a new care home, I suppose I am still required to do these trainings.
    So I am still on trial(3 months) no contract. My last job I was there for 10 years, only left to relocate here, I have visions of it being my shortest job yet.
    I am still learning the ropes so to speak, about the residents and all, but that does not seem to make any difference, I was slow getting them to bed Monday night and the senior said, I should know things by now, and only being there a week is no excuse for not getting your work done. She said she was going to mention this to the manager. So probably going to be called in to the manager tomorrow.
    I have not rode a bike since I was a kid, I had a few accidents, which put me off riding.
  • If you need the job I wouldn't go in all guns blazing. A care home so may have sympathies around your mother, asking for some of the other days off may be the way to go? But sounds like a 'mare of a place to work, get out if you can and put it down as temporary work on your CV.

    Remember get the new job before you leave :)

    Good luck
    Santander are awful - mission in life is to warn people since 17-Sep-10, 18-Sep-10 realised one of thousands.
  • snodgrass
    snodgrass Posts: 109 Forumite
    edited 14 December 2010 at 11:12PM
    All I know is all these c--k-eyed hours are b
    ging me up, 2-9 then, next day 7-2,then a few longs days, I am all over the place.

    Where I worked before, my hours were set, same days, same hours, here I am just all over the place and cannot seem to adjust to them.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    snodgrass wrote: »
    All I know is all these c--k-eyed hours are b
    ging me up, 2-9 then, next day 7-2,then a few longs days, I am all over the place.

    Where I worked before, my hours were set, same days, same hours, here I am just all over the place and cannot seem to adjust to them.

    Breaks the 11hr between shifts WTD rule

    Alternative to a bike is a trike (will save time if you can find wheels)
  • Breaks the 11hr between shifts WTD rule

    Alternative to a bike is a trike (will save time if you can find wheels)

    Never been keen on bikes myself. But rocking up to work on a trike has something of the cool about it :cool:

    -Shame I've no natural way to fit this into my commute of tube, train, walk. (getting between platforms at train stations would be a nightmare.)
    Santander are awful - mission in life is to warn people since 17-Sep-10, 18-Sep-10 realised one of thousands.
  • Just got up. The 14 hour shifts, you do get a 2 hour break,yes, between 1-3pm. But, it must be all the new hours are just tiring me, what with having to do all the stuff in the house for the mother, cooking,cleaning etc. Remember, no buses to work so early, and instead of waiting 30 mins for a bus home at 9pm at night, another 2 mile walk back home. By the time you get back home, it is knocking on 10pm, have a sit down and something to eat, usually a sandwich, then to bed, then back up at 5am again. I have never known anything like it, and no, I am not work shy or anything, I have worked ever since leaving school at 18, 22 years, only 3 jobs in all that time. This I feel though may be my shortest ever, I usually make it to 6-7 years at least in a job.
  • Lincoln_Imp
    Lincoln_Imp Posts: 2,518 Forumite
    Part of the Furniture 1,000 Posts Combo Breaker
    All the info you need is here
    http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426


    2 main points to pick out

    Daily rest - a break between working days
    If you are an adult worker you have the right to a break of at least 11 hours between working days. This means as an adult worker, if you finish work at 8.00 pm on Monday you should not start work until 7.00 am on Tuesday.

    Weekly rest - the 'weekend'

    If you are an adult worker you have the right to either:
    • an uninterrupted 24 hours clear of work each week
    • an uninterrupted 48 hours clear each fortnight
    Have a nice day :)
  • MrsManda
    MrsManda Posts: 4,457 Forumite
    Just to add to Lincoln Imp's post, there are exceptions and differences to these regulations depending on the type of work you do and these exceptions may be applied to the OP's line of work.
    From the same page linked by Lincoln Imp
    http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451
    Exceptions to the regulations

    Your working week is not covered by the Working Time Regulations if you work in the following areas:
    • jobs where you can choose freely how long you will work (such as a managing executive)
    • the armed forces, emergency services and police are excluded in some circumstances
    • domestic servants in private houses
    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.
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