employer insisting change to working days

lorryw

My husband has worked as maintenance man in a hotel for the past 4 years. He works Wednesday, Thursdays and Fridays. He works as a carer on Monday and Tuesday.

Today he was called to a meeting at the hotel and told he had to work Monday, Wednesday and Friday. When he said he couldnt because of his other commitments he was told it wasn't the hotels problem and if he didnt like it he could leave. Does he have accept this or just leave?

sangie595

Neither - but that doesn't mean that he will win. The issue to question is why the change is necessary. An employer can change these terms of employment if they have a business reason for needing the change. But as a carer, assuming he is officially designated as such, he can apply for flexible working that enables him to manage his caring responsibilities. So the question here to start off, is why are they changing the shifts?

lorryw

They have a temporary hotel manager who feels that it is more beneficial to have some one at beginning, end and middle of week.

sangie595

lorryw wrote: »

They have a temporary hotel manager who feels that it is more beneficial to have some one at beginning, end and middle of week.

Is he the only person doing maintenance? Because if that is the case, I can see their argument. And I have just realised that I misunderstood the original post - he is employed as a carer, isn't he - not caring for a relative or dependant? In which case your argument would appear to be weak. A hotel that has four days gap between maintenance work every week doesn't seem to be adequately covered. So they may well have a valid argument that their business requirement overrides his objections, and his alternative employment is his problem. Can he not change his other working days - there's a lot of demand for carers and it would seem odd that he has to work on those two days? That might be a solution.

lorryw

He was originally employed as a maintenance decorator with another general maintenance guy working Monday Tuesday and Wednesday and a full time maintenance manager. The other chap was made redundant 4 months ago and the manager left a month later. My husband agreed to increase his working hours and responsibilities to help them out until a new maintenance manager was employed which has now happened. My husband is 64 and to be honest is gutted that he is being treated this way after providing general maintenance cover to help out.
He only worked for three days a week because we have a severely disabled son (who now lives in a care home) but we travel to visit him and are needed to take him for appointments and attend meetings etc.
He helps a friend with her son on Mondays and Tuesdays on an unpaid basis and if he is available.

Ozzuk

If it is unpaid and flexible (if he is available) then why not just change his days. Makes much more sense as a business to have cover spread out if it is that limited, otherwise issues that come up on Monday won't be fixed til Wednesday.

sangie595

So, in fact, you are saying that that there are historical reasons why he worked those days. That's early what the employer is saying - it worked ok previously but times have changed. And they've changed for you too. I assume that you can't visit your son, who is cared for elsewhere, every time he needs something doing. So someone eke must did those things? And he helps or a friend when available - well he won't be available that day as he's working. Sorry, but u don't thing you have sufficient grounds to fight this. So the employer can enforce it, and if they do, they will likely win the argument.

TELLIT01

Did your husband explain the detail of his situation or simply say he had other commitments? Unless the employer has a full understanding of the situation it's not surprising that the reaction was as stated.

atrixblue.-MFR-.

Age is irrelevant here, if your husband is contracted for hours worked then the employer has a right to change the days and keep the hours the same, if they were asking him to do more hours at the same pay then obviously this is a concern, but the employer has identified a gap and wishes to your husband to do his contracted hours on different days to fill this gap.


Its a sad situation with your son, I would hope the employer would be a little forgiving when given notice a meeting or appointment is coming up that needs to attended to, and bit compromise as to how the hours can be made up on a different day.


As for the favor to a friend not the employers legal problem and your husbands to work around I'm afraid.

FBaby

It's sympathy vs business needs. The problem is that from the way you describe it, he doesn't really have care duties specific to these days. It might have been more convenient, but they might see that his personal convenience doesn't outweigh their actual need for more regular maintenance.

Very frustrating and I feel for you, but unfortunately, I don't think he has much of a leg to stand on to put pressure on them let alone fight them legally.

lorryw

Thanks for all the advice.
Our life has always revolved around our sons needs and my husband has decided the job isn't worth the hassle. He started out as working a couple of days a week for a few hours at minimum wage, to fit around our sons long weekends home. This was agreed when he first started the job (with his previous boss) but obviously expectations change and he has been given more and more responsibilities and still on a minimum wage. He only has 6 months to retirement.