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Can employer force you to work day off .
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The first place to start is the contract. Most contracts say something like 'your normal hours of work hours are monday to friday 9am to 5pm however you are required to work such additional hours as the needs of the business dictate' or other such similar wording. It is fairly rare to see contracts that don't have some sort of 'get out' clause of this nature.
In OP's son's case, he was instructed to work additional hours, gave the address that he would be staying at, and then did not answer the door when the manager turned up to give him a lift to work. In my view he is very close to refusing to comply with a reasonable management instruction, which is normally viewed as gross misconduct.
I am not saying he will lose his job over this.... but it is not beyond the bounds of possibility, depending on the contract, the circumstances, and his previous history with the company.I'm a retired employment solicitor. Hopefully some of my comments might be useful, but they are only my opinion and not intended as legal advice.0 -
RichardD1970 wrote: »I assume tight scotsman is a driver of some sort and as such, if he has consumed alcohol whilst on his own time and not on call or standby then alcohol is a very valid excuse.
Yes you are correct i am a coach driver i spend an awfull lot of time away from home and any time i get with my family is valuable.
Even when i can legaly work i use the "sorry boss i was melted last night" excuse.
But i do agree if the guy agreed to work and never showed then he is in a bit of a predicament and hopefully his past record of willingness to help out might just swing it in his favour.
To many employers take the pi$$ these days because of the unemployment situation and replace you with some imigrant who will do anything to keep their job.
fortunatly there are more coach driver vacancies than there are coach drivers so i dont get much grief about not being flexiblejust because you are paranoid doesnt mean to say they are not out to get you0
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