Can I change the days of the week I need employee to work?

marcowil

apples1 wrote: »

Hi,
He can legally opt out of Sundays so he's got us on that one but can we enforce the Saturday working. We have a robust business need to do so.

This really sums up your attitude towards this employee. He has not "got us on that one", the law has.

If you don't want to abide by employment law and workers rights then why on earth did you get into the business - just to make a quick buck at other peoples expense?

bandraoi

ceridwen wrote: »

It astonishes me that people think they can try and ride roughshod over other people - and that they will never find themselves in that position in the future............

I don't really see any riding roughshod over an employee here.

The employee has two significant variations on his contract that no other employee in the business has - working hours and working days.

The employer has a business need for him to work Saturdays

We need him to work Saturdays (and have a day off in the week instead) as all the other full time staff do.

and this is a step which would bring the employees working practices in line with the other employees in the company. There is nothing riding roughshod about that, indeed there is nothing unfair about that.

apples1

Goodness what a hot debate I have started. I can't reply to each point but will try to cover most in one message. I will also read the links you have given me once I've replied to you.

Firstly the employee is not contracted Mon - Fri its just that they have always (in their 8 month employment) been allowed Saturdays as their day off. The other staff have one in four Saturdays off and have a weekday off the rest of the time.

The reason the business was franchised was due to poor performance. It was poorly managed and barely made a profit. As has been mentioned (and we were well aware of anyway) we do of course need to honour terms and conditions due to the TUPE. We are absolutely doing this and also giving them some new benefits (generous staff discount for example). Their days off are not a term or condition of their employment. Their contracts are for 37.5 hours per week with the hours worked to be determind by the needs of the business.

The previous manager allowed him Saturdays off but then the previous manager did not have a viable business.

We have agreement from all of the staff that they will be flexible with their days off but on our side we have commited (and will absolutely honour) to give them AT LEAST six weeks notice of their rotas so they can make plans for their days off. They can of course always book annual leave (from their 25 - 30 days depending on length of service) for special events etc.

We have already done the rotas until the end of Nov. In order to ensure adequate cover we (due to another member of staff being on hol) we need him to work a Sat right at the end of Nov and he has said he can't.

We did take legal advice today as going forward our business needs him to work Saturdays. We are happy (unlike many retailers) to give staff one in four/five Saturday's off but this needs to be shared between all staff. His colleagues resent the current arrangement and it's the busiest day of the week for the business so we need our key staff at work.

The legal advice is that we absolutely can require him to work Saturday. We have been advised to give him four weeks notice and with the six weeks rule are offering more than that anyway.

Following this we had a meeting with him today & explained the reasons that we needed the flexibility on the Saturdays. We have been firm but fair and the meeting was very amicable. We have asked him to come back to us by Thursday on it. When we asked why he had a problem with doing the Saturdays he said leisure activies for himself and also activities with his kids. (For the record there was not a requirement due to the needs of his child with Downs or due to his wife being epileptic). We again stated that we would always give at least six weeks notice of rotas so he could plan activities (currently we have done eight weeks and are doing up until end Dec tonight). We offered him the choice of working either alternate Saturday/ Sunday (so work Sat one week and Sun the next) or working four out of every five Saturdays. We explained that we are commited to giving all staff their fair share of family time as we are a family with children ourselves and would not wish to work in any other way however we also have to ensure the business needs are met.

He was due to come back to us today on the specific Saturday we have asked him to work (and put on the rota) at the end of Nov and he said the reason was that he had unrefundable tickets to a football match. We asked who he was seeing play. I have just got home and looked up on the internet and that match is not on that date (it's the day after). This may of course be a genuine mistake on his part but it will be interesting to see what he says when we mention it tomorrow.

I am sorry anyone on here feels it necessary to accuse us of harrasing this person. We hope he decides to stay and work with us but if he honestly doesn't want to work any Saturdays then retail is the wrong choice of career. We would rather replace him with someone who can work with us to meet the needs of the business than keep him if he is unable to give what is needed.

apples1

ceridwen wrote: »

Well - when apples1 reappears to check their replies - we shall see how fairminded an employer he is. Does he go with the bad employers that have posted on here or does he take the fair route and leave this employee working Mon-Fri as per status quo? Bearing in mind apples1 would have known the state of play when he took over the franchise.

Well - apples1 - your challenge for the day - have you got a conscience? Please prove to me that you have.

(enlightened self-interest is the other phrase that comes to mind here = doing the right thing because its best for your own personal interests to do so in the long run)

Well "he" is actually a she. A fair minded Mum who has family friendly policies close to her heart BUT also a business to run not a charity. Yes, we knew the state of play when we took over and we knew we'd need to make changes. It was our confidence in our ability to make those changes that meant we thoght that we could make a successful business.

Yes, I have a conscience but if proving it to you is to allow the staff to dictate to us over and above us making sound business decisions and implementing them fairly and with care then no I can't prove it. Sorry don't really understand your bit about enlightened self interest so can't reply to that bit.

Torby

I think what apples 1 is doing sounds fair, legal and completely above board to me...been on the receiving end myself when I was employed.

9 years ago I was in a similar situation, tupe etc was in play...what happened to me?....change of contract, drop in salary of £8k per anum (received phasing out payments and promise of a bonus scheme...unachievable...) no choice of days off...had to work to meet the needs of the business...ended up off work with stress and depression...I was a manager at the time...and it was with a major retailer with over 30 stores in the electrical trade...bummer...I'm out of it now...the firm went down the tubes (I say it was because I left...lol) but in this day and age, as far as I can see...theres loads of ways within the law for an employer to get what they want...and as for apples1...they look like a reasonable employer to me...compared to some I know...

oh yes...just check out the old "custom and practice" bit....

enajaluap

Doesn't the employee need to have worked for the company for 1 year before they qualify for protection under TUPE?

Just trying to check that out but I'm sure someone told me that was the case.