Do companies believe they are allowed to bend the rules?

Aruffell

My girlfriend (who is 8 weeks pregnant) rung work (she used to be a kitchen porter, but now has been moved to waitressing due to the expected birth due to heavy lifting etc...) to tell them that she wouldn't be coming in yesterday due to the snow.

No buses are running and work is around just under 5 miles away. I told her i don't want her going in due to her health (falling over etc...) as she would be forced to work. They basically had to lump it.

Today she has done the same and they got really arsey with it all saying that she needs to do her best to come in. If there is no public transport, she can't in simple terms as she is not walking encase she slips and falls.

She has just informed me that they are using these days off as holiday. Surely that isn't allowed?

They (in the past) have also had her work shifts until midnight, and expected her to be in the next day at 8am (Surely, it's 11 hours between shifts?)

They also give her the rota on a Friday for the week giving no prior notice whatsoever.

They also dictate as to when she can have holiday and doesn't let her book the days off herself making it so that we have the plan our free time around her work and not the other way around. She won't find out that she has Saturday off (for instance) until Friday. - Surely this is wrong?

There are other things they have done as to which i will update when i remember.

What can be done about this as it's making me really annoyed as to the way she has been treated with regards to all of this.

Any help is much appreciated.

Many thanks,

Andy

exup

some firms will try to push the 11 hour between shifts so you have to remind them (european working time directive I believe).
not sure about the getting into work policy.
as for holidays this also depends on the works policy, with some firms it would depend on staff numbers for relief, in ours, the ambulance crews have book very early for holidays, and it goes thorugh a rota - so the 1st person on the list chooses their holidays first and so on - if you are last on the list you are very limited to what you have left to choose. but there are still a few days left for last minute holidays.
refusing staff holidays requires a valid reason - but again I think this would be down to company policy.
With regards to the employer booking your holidays for you, i think that it should be in plenty of time so you can plan for it easier - it is unnreasonable to give you holiday dates at short notice

anamenottaken

Lots of points there.

Here's the answer to one - yes, they can tell her when to take holiday. They are required to give notice of this. So, for example, if they want her to take a week's holiday, they have to give at least two weeks' notice. That isn't a lot, I know, but it is the law under WTR - twice as much notice as the amount of holiday to be taken.

DCFC79

Regarding the issue about using hols for not being able to get in due to snow you can choose to go unpaid for that day or use your holidays but its your choice, link for cab here

re booking holidays does your gf put her request in asap, does she have to book her holiday in 1 go or book odd week when you want to go away

Evilm

RE the days she hasn't work being taken as holidays: Yes. See here: http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_184199 . If they closed the restaurant then no they couldn't.

regarding 11 hours between shifts : Yes, usually. I can't find it right now but its been posted here before. There are some exceptions but I don't think she would fall into one of them.

I'm not sure about how early they should be giving rotas, perhaps someone else can.

As to fixed holidays when they decide I know several people who do have to put up with that (mostly school/university) but I'm not sure on the legal situation as far as she is concerned.

DCFC79

Wouldnt some of the answers be in the contract

Savvy_Sue

Aruffell wrote: »

No buses are running and work is around just under 5 miles away. I told her i don't want her going in due to her health (falling over etc...) as she would be forced to work. They basically had to lump it.

Today she has done the same and they got really arsey with it all saying that she needs to do her best to come in. If there is no public transport, she can't in simple terms as she is not walking encase she slips and falls.

I hope that she is not saying "my boyfriend says ..." when she phones up: she's entitled to make her own decisions about whether or not she can get to work.

how long has she worked there, how much does she want to keep the job, does she intend to go back after the baby is born? does she have the company's grievance procedures?

because I agree with you that getting very little notice about what shifts she's working is frustrating and IMO a sign of poor management. BUT it is not AFAIK one of the things they 'can't' do.

is there a way staff could suggest a fixed rota system, eg on a 4 week pattern? or even if that only applied to days off, would that help? drawing up rotas is one of life's most thankless tasks ...

Hammyman

Aruffell wrote: »

My girlfriend (who is 8 weeks pregnant) rung work (she used to be a kitchen porter, but now has been moved to waitressing due to the expected birth due to heavy lifting etc...) to tell them that she wouldn't be coming in yesterday due to the snow.

I told her i don't want her going in due to her health (falling over etc...) as she would be forced to work.

She is 8 weeks pregnant, not 38. My wife worked to 36 weeks with our son as a signmaker. Many pregnant women work well in to the 30 week term - its not an illness.

Your attitude in this respect will only get her sacked if she stays off to keep you happy.

Fluffi

If your girlfriend can't get into work due to the snow then its either unpaid leave or holiday - I believe the company is trying to be reasonable by making it holiday and therefore paid in the run-up to Christmas.

I don't understand the "forced to work" sentence? Are you saying they'd make her work as a kitchen porter and do heavy lifting even if she took a taxi to work instead?

pimento

Hammyman wrote: »

She is 8 weeks pregnant, not 38. My wife worked to 36 weeks with our son as a signmaker. Many pregnant women work well in to the 30 week term - its not an illness.

Your attitude in this respect will only get her sacked if she stays off to keep you happy.

By the 'eck, I agree with Hammyman. Get the smelling salts!

MrsManda

Evilm wrote: »

regarding 11 hours between shifts : Yes, usually. I can't find it right now but its been posted here before. There are some exceptions but I don't think she would fall into one of them.

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029451


Taking Holiday
http://www.direct.gov.uk/en/Employment/Employees/Timeoffandholidays/DG_10034711