Manager refusing to alter Sunday working Hours

stuart30

flightboy wrote: »

Surely this is simple...how many hours is she contracted to work? she can opt out of Sundays as her right but if she then does less than her contract hours the manager can ask her to work her contracted hours on other days no? if a few staff did this he would have the cost of hiring someone to cover days others dont want to with the extra costs on his budget

Still got what you asked for ( no Sundays ) seems reasonable to me

She requested to reduce hours and gave notice to quit sundays.

Yes he could have asked her to work extra hours on another day if her hours remained the same,as they are not he is stating she must stop working her regular days and now go on a variable shift...as in she will work not set days but on days he wants.

Original post was very clear as very angry and now wife has updated me.

stuart30

TELLIT01 wrote: »

Information does seem to be appearing in bits and pieces. I didn't see any reference to cutting hours in the original post although I may have missed that. The problem remains that your wife and the manager have different opinions on what was agreed. Did you wife have anything in writing at the time stating that hours were being reduced? If not, she would seem to have a weak case, unless others were there during the discussion and will back up her version of events.
If the employer is saying she has to work Saturday instead of Sunday, and your wife is saying she can't work Saturday it would seem there is one inevitable outcome.

She gave a hand written letter requesting to stop Sundays..this was point blank refused.

Only when i typed the letter and copied the relevant law stating the manager couldn't stop her working sundays did he actually take notice.

The manager above my wife was party to the agreement and signed to say he authorised the decision but manager above him is now refusing.

Head office will be getting a call to clarify what the manager can and cant do...to be fair to the guy whilst he has quite a high position he doesn't seem to know the relevant employment laws or he assumes shop workers don't.

iammumtoone

After the initial meeting once she had put her formal request in, did she get anything in writing about the proposal what her new terms/hours/days would be?

I don't think this question has been answered yet, it is important.

iammumtoone

stuart30 wrote: »

She gave a hand written letter requesting to stop Sundays..this was point blank refused. a letter doesn't have to be typed but as you found out this often helps with formal requests

Only when i typed the letter and copied the relevant law stating the manager couldn't stop her working sundays did he actually take notice. I haven't checked but this was probably the correct way. I know when I asked for my hours to be changed under the law I HAD to state the relevant act in my letter for it to be official so to be fair to the manager he could have been within his rights to refuse your wife's request as it may not have been worded correctly, it is her job to make sure she is following the rules

The manager above my wife was party to the agreement and signed to say he authorised the decision but manager above him is now refusing. No her manager is not refusing her to op out of Sundays, he is asking for Saturdays. I appreciate this was not said in the first place but was it said in writing

Head office will be getting a call to clarify what the manager can and cant do...to be fair to the guy whilst he has quite a high position he doesn't seem to know the relevant employment laws or he assumes shop workers don't. I would put this is writing calmly stating the facts that the manager has gone back on a verbal agreement, keep the emotion out of it and dont say that he has refused to opt out of Sundays as he hasn't. What it seems he has done has gone back on the verbal agreement that she could drop Sundays and reduce hours he is now asking for the same week days and Saturday, instead of Sunday (if I have understood correct).

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rtho782

She can stop working sundays, but the employer requires all employees to work at least one weekend day every other weekend. So she has to work at least every other saturday.

This is entirely fair, it would be unfair to not require her to work weekends at all - think of all the other staff.

So she either works every other saturday or resigns.

The manager agreed that she could stop working sundays as is her right. But if she does this she will have to work saturdays.

stuart30

iammumtoone wrote: »

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Yes will put something on paper for her and send it in.

After speaking with acas its pretty straight forward..she asked to reduce hours and stop working sundays,this was agreed.

If they want to alter her contract they need to discuss options not simply state when she has to work.



rtho782 no not in her contract...so they cant tell her she has too.

ScorpiondeRooftrouser

Does her contract state specific days of work? I can't see that you have mentioned this at any point.

FBaby

So what would happen if she wanted to stop working on Sunday, but desperately needed the money and therefore hours and so demanding that the terms of her contract, ie. her contracted hours, remained and therefore wanted to work Saturday instead?

So the question is? What is more of a significant change to a contract, the days contracted to work, or the hours contracted to work? You say that she didn't use to work on Sunday, was she given a new contract when this changed?

In essence, what she is asking is for a reduction of contracted hours. Employees are entitled to see their request considered, but if the employer can evidence that this would have a detrimental effect to the running of the business, which is often very easy to justify, then they can justify turning the request down.

So what they have done, and rightly so, is said ok to her stopping working on Sundays, because legally they have no choice, but said no to her request to change on contracted working hours, which they can do. The fact that she has children to look after on Saturday is not of their concern.

Mersey_2

sangie595 wrote: »

She has been given the opportunity to choose how she makes up her hours. If she no longer wants to work her contractual hours, then she can resign and find another job. I'm sorry, but this is three days a week, so she is already part time, and now she wants the employer to arrange their business and all other employees around the times she would like to work. It may be her legal right to opt out of Sunday working that she had agreed to - but nobody said she could opt out of Saturday working.

I do not see what your wife thinks it's unfair about this. She does not wish to work Sunday. She's been given an option. Either every other Sunday, or every other Saturday. She's not wanting to work Sunday, so she works Saturday. Simples.

Or do you mean that she doesn't want to work Sunday and the employer is supposed to organise their business around her so as not to inconvenience her? I'm afraid employment doesn't work like that.

I merely quoted your main points, but here is your entire post.


You indeed said precisely that. In fact you went further, "I do not see why your wife thinks its unfair."


Thankfully the law does.


"Or do you mean that she doesn't want to work Sunday and the employer is supposed to organise their business around her. I'm afraid employment doesn't work like that."


Thankfully employment law does mean that [as long as notice is given].


I am glad to hear you don't believe employers should ignore their statutory duties, but it is what your post implied.


The chronology is simple:


(i) The OP's wife complied with the law and asserted her statutory right , by providing notice in the correct written form.


(ii) The employer accepted this notice and agreed to exempt her from Sunday working.


(iii) At a later date, he employer - or their agent, perhaps without authority - is now attempting to unilaterally alter a fundamental term of her contract.


They cannot.


Stating that the OP's wife should resign - having done nothing wrong - is not only bonkers, it's negligent.


I realise your stance across the board is invariably: oh, all is woe, employers will get rid of you, so don't bother - but that is why the law exists (to protect employees).

System

Is this retail? Many retailers are expecting their workers to work at least one weekend day a week. Plus more people are going shopping on Sunday - as I noticed with sales figures at my work. Gone up by 15% in past 18 months. Whilst the other days of the week, the sales have only gone up by 3% max.