Right to time off for appointments

boniespook_2

previously my OH work has run a discretionary system for time off for appointments, now they have decided that because they have a 'flexible rota' i.e. work so many hours a month on the rota rather than set hours, any time off for appointments must be worked back.

I think they are legally within their rights to do this depending on the contract, but OH has been told by someone this isn't right and advised getting legal advice. Anyone had this problem?

19lottie82

Of course the company are within their rights. they are within their rights to refuse to let him attend appointments within work time, full stop.

I really don't see the problem here at all. Your OH had a pretty sweet deal to start with, now it has reverted to the norm, if that. Many people have to use annual leave for doctors apps.

an9i77

I believe you have to either work them back or take unpaid leave/holiday unless your employer is so generous as to pay you for them. Unless you are pregnant in which antenatal appointments are paid. I don't think they can actually force people to work outside their contractual working hours, but if you couldn't do this you'd have to take unpaid leave for the appointments. You certainly don't have a right to be paid for these appointments

heretolearn_2

What type of appointments? Only appointments relating to ante-natal are a statutory right.

tizerbelle

Ignoring maternity situations, there is no right to take time off work for appointments. Paid/unpaid is irrelevant, your employer does not have to allow you time off work for appointments - full stop. Unpaid leave is not a right either.

OP, your OH's employer appears to being very flexible in saying you can work your hours around your appointments as long as you meet your hours. I would not be kicking up a fuss about this. The only alternative is what many other employees have to do every day and that is to request annual leave so they can attend appointments.

corbyboy

People expecting paid time off for appointments is a joke.

People at my place take advantage of this all the time. Dentist appointments always seem to conveniently be at 3:30pm so they don't even bother coming back to work afterwards.

It's one thing if you worked fixed shifts and it's literally impossible to get an appointment outside of work hours, but if you have a flexible rota you have a cheek to expect to be paid for attending an appointment.

ktothema

There's no legal requirement to allow time off for appointments unless, and I'm assuming GP/dentist here, its already in their employment contract. If so, this can't later be changed without changing the employees T&Cs. It is worth getting that checked out legally.

There are a few exceptions, maternity as others have stated and disability if appointments relate to their disability as this can be seen as discriminatory (I got that nugget from Citizen's Advice, btw).

boniespook_2

Thanks for the feedback - this has been rumbling on for a while and evey time he mentions it I give similar replies! He doesn't expect time off for gp/dentist but has a few important hospital appointments they have known about for months now suddenly they have changed their position because they are having a big refit so need to claw the money back. Unfortunately someone else agreed with him and he has a bee in his bonnet!

scooby088

My Last employer was more enlightened on this than many others I have come across they gave us 15 hours per year for appointment times, they realised that sometimes it is impossible to make appointments outside of working hours.

Googlewhacker

scooby088 wrote: »

My Last employer was more enlightened on this than many others I have come across they gave us 15 hours per year for appointment times, they realised that sometimes it is impossible to make appointments outside of working hours.

Hmm, its amazing how these hours get used up where is not offered most employees wouldn't even get near 5 hours of appointments in a year

corbyboy

boniespook wrote: »

Thanks for the feedback - this has been rumbling on for a while and evey time he mentions it I give similar replies! He doesn't expect time off for gp/dentist but has a few important hospital appointments they have known about for months now suddenly they have changed their position because they are having a big refit so need to claw the money back. Unfortunately someone else agreed with him and he has a bee in his bonnet!

But you said in your first post that he works flexible hours. Therefore he doesn't need the time off work paid. He can fit his hours of work around his appointment.