working saturdays????

AP007

new_start wrote: »

The company used the word struggling but please dont take this as meaning what it would for other businesses. Without saying who the company are its difficult but struggling to them is their staff/workers not making customers take products they really dont want/need. Its not retail either.

Negotiating a flexible working pattern wont make any difference. The company want the employees out on a Saturday as an extra on top of the Monday to Friday week and another day off during the week isnt possible. If he has to work Monday to Saturday then that leaves 1 day for family time. For a business that has always been Monday-Friday and was never expected to be anything other its unfair on the employees. I know this doesnt make it illegal but it just seems unfair they can make these demands. He has worked for them since 2000. He works more hours than 9-5 by going in early or leaving very early for meetings out of area and getting back late after meetings help out of area so this isnt a case of a work shy person.

so they are going to be working 6 days from 7 with only 5 days pay???

If it was me and I had been there 13 years Id say no to an increase in hours and no pay if that's the case

new_start_2

Yes thats what they want them to do but because they are salaried and not paid an hourly wage they will receive no further pay for it. Thats not the point though, the point is he doesnt want to have to work 6 days out of 7 but it seems they are able to make him. How can he say no?

zzzLazyDaisy

Ah well that may be different. I understood that he was being required to work 5 days including a Saturday, but you seem to be saying that they want him to work a 6 day week as standard, and that this is not just a temporary measure?

This would be very unusual, especially from a large company.

However, if that really is the case, I suggest he seeks advice from the CAB or an employment solicitor (he should check his house insurance to see if he has legal cover). In my view ACAS is not really the best place to start as they have call centre staff fielding the calls, and their first response is always to lodge a grievance, regardless of the circumstances. This may indeed be the right thing to do, but I suggest he seeks advice from someone who can consider all the facts, including the relevant paperwork.

AP007

new_start wrote: »

Yes thats what they want them to do but because they are salaried and not paid an hourly wage they will receive no further pay for it. Thats not the point though, the point is he doesnt want to have to work 6 days out of 7 but it seems they are able to make him. How can he say no?

I say that an unreasonable request to be fair

Working a full extra day for no pay is not overtime as I see it - its taking the !!!!!!

I know what I would do and if all staff do the same then well they would have to fire them all.

zzzLazyDaisy

AP007 wrote: »

I say that an unreasonable request to be fair

I agree - there is a very good argument that this is not within the existing contract but a change to the contract.

Unfortunately, this still leaves a big problem....

The employee has two options - resign and claim constructive dismissal (which is not to be recommended as this is notoriously difficult to prove and only about 3% of cases are successful)

Or carry on working - in which case the employee is deemed to have accepted the change to the contract by his conduct in working.

I am still doubtful that we have the full facts. OP is not the employee concerned and while I don't doubt that she is relaying the facts as she understands them, there is often an element of chinese whispers and misunderstanding when we get the story second hand. But if it really is the case that the employer has decided to change the contract to a 6 day working week for no additional pay, then the employees need to seek advice and lodge a grievance to register their objection to the change to their contractual terms.

AP007

zzzLazyDaisy wrote: »

I agree - there is a very good argument that this is not within the existing contract but a change to the contract.

Unfortunately, this still leaves a big problem....

The employee has two options - resign and claim constructive dismissal (which is not to be recommended as this is notoriously difficult to prove and only about 3% of cases are successful)

Or carry on working - in which case the employee is deemed to have accepted the change to the contract by his conduct in working.

I am still doubtful that we have the full facts. OP is not the employee concerned and while I don't doubt that she is relaying the facts as she understands them, there is often an element of chinese whispers and misunderstanding when we get the story second hand. But if it really is the case that the employer has decided to change the contract to a 6 day working week for no additional pay, then the employees need to seek advice and lodge a grievance to register their objection to the change to their contractual terms.

From what the OP says will would all know this Co so they must be a BIG name.

All staff concerned should lodge a grievance to the HO ASAP if they are really going to be made to work 6 days out of 7 for no extra pay or toil

new_start_2

there are no chinese whispers and nothing being lost through the third party (me). Im only typing this for the person concerned because im quicker. I have any facts that anyone wishes to know. This is a big company who are just taking the pee because they got away with it for so long. The problem with getting everyone to boycott this Saturday working is that they are spread all over the country and not in contact with each other. Im talking about hundreds of people.

AP007

new_start wrote: »

there are no chinese whispers and nothing being lost through the third party (me). Im only typing this for the person concerned because im quicker. I have any facts that anyone wishes to know. This is a big company who are just taking the pee because they got away with it for so long. The problem with getting everyone to boycott this Saturday working is that they are spread all over the country and not in contact with each other. Im talking about hundreds of people.

Name the Co then

No one will know who the person is if this is UK spread

Maybe then customers will boycott the shop if they know staff are working for FREE!!

new_start_2

I cant name the company because they already monitor the internet and im not risking it. Customers cant boycott the shop, ive already said its not retail.

AP007

And they know who you are and the friend you are posting on behalf of?

Id tell them no I am not doing a 6 days week and that's that

Everyone would have to tell them the same for it to work or get the union in!!