Can I Refuse To Work More Than My Contracted Hours if I Need Occasional Days Off?

Mehitabel

Since last December, I've worked part-time on checkouts for one of the big UK supermarkets.  My contract is for seven hours a week.

I also have another p/t job and (a bit of..) a life. But my supermarket work rosters are only published two (or three, if we're lucky) weeks ahead. We're told we Need To Be Flexible, but it makes it incredibly difficult to plan anything in the normal way.

I have two major events coming up, planned months ago. On those days, I would very much like NOT to be rostered to work at the supermarket. There is an online portal to which employees are referred, for everything; I requested both days off, in good time, via that method. To no avail (This seems to be because the store manager never reviews the requests, which have to be signed off); I have been rostered to work on both days. I've spoken to the Checkout manager, who could only refer me to the online site; or to the supervisor who draws up the rosters. I've spoken to this supervisor. She advised me to try to organise a swap for the crucial days via the store's Facebook page. That failed.  I emailed her (another piece of advice), asking what I should do.  No reply.

Of course, with a full-time contract, or one with more hours, I'd bite the bullet and give up on the Big Events. But since my contract is only for seven hours and not working on the days in question would still leave me with that amount worked.... Am I entitled simply to say No and not show up?  After all, it's not like I haven't tried!

Thrugelmir

Mehitabel said:

Am I entitled simply to say No and not show up?  

Might as well resign if that's your attitude. 

Jillanddy

Yes, of course you are entitled to say no and not turn up. They are entitled to dismiss you. 

Whilst I appreciate that this is very annoying, and it seems that it is the employers error, simply not showing up to work is not the best strategy. At the very least you should write to your manager outlining that you clearly stipulated that you could not work on these days (provide evidence from the portal), they have erroneously allocated you work on those days and you have tried to sort it out (explain how) but this has not worked. You should explain that you have commitments on those days so cannot work, and therefore they should ensure that the shifts are covered as you will be unable to attend work on those days. They may still not be happy, they could technically still dismiss you, but at least you will have tried your best to explain and alert them to the issues. Simply not turning up is rude and unprofessional, even if it is their fault. 

Mehitabel

Jillanddy said:

Yes, of course you are entitled to say no and not turn up. They are entitled to dismiss you. 

Whilst I appreciate that this is very annoying, and it seems that it is the employers error, simply not showing up to work is not the best strategy. At the very least you should write to your manager outlining that you clearly stipulated that you could not work on these days (provide evidence from the portal), they have erroneously allocated you work on those days and you have tried to sort it out (explain how) but this has not worked. You should explain that you have commitments on those days so cannot work, and therefore they should ensure that the shifts are covered as you will be unable to attend work on those days. They may still not be happy, they could technically still dismiss you, but at least you will have tried your best to explain and alert them to the issues. Simply not turning up is rude and unprofessional, even if it is their fault. 

Of course it is and I would never even consider it, except I feel I've tried everything under the sun to clear those days and met with a brick wall. To emphasise, I'm not some kind of flake or princess who wants lots of days off whenever she fancies it! But with rosters only issued two weeks ahead, and with no means of changing shifts if you desperately need a day free, I'm at a loss to know what we're meant to do.

If they needed me for more than seven hours a week, surely they should have contracted me accordingly? As it is, it seems I'm forced to work whenever I'm rostered, regardless, however many hours over the seven it takes me.  On what grounds could they dismiss me, provided I've done everything possible and provided I've put in my seven hours?

theoretica

 On what grounds could they dismiss me, provided I've done everything possible and provided I've put in my seven hours?

Unfortunately, if you have worked there for less than 2 years, they don't need grounds to dismiss you.

General_Grant

Mehitabel said:

Jillanddy said:

Yes, of course you are entitled to say no and not turn up. They are entitled to dismiss you. 

Whilst I appreciate that this is very annoying, and it seems that it is the employers error, simply not showing up to work is not the best strategy. At the very least you should write to your manager outlining that you clearly stipulated that you could not work on these days (provide evidence from the portal), they have erroneously allocated you work on those days and you have tried to sort it out (explain how) but this has not worked. You should explain that you have commitments on those days so cannot work, and therefore they should ensure that the shifts are covered as you will be unable to attend work on those days. They may still not be happy, they could technically still dismiss you, but at least you will have tried your best to explain and alert them to the issues. Simply not turning up is rude and unprofessional, even if it is their fault. 

Of course it is and I would never even consider it, except I feel I've tried everything under the sun to clear those days and met with a brick wall. To emphasise, I'm not some kind of flake or princess who wants lots of days off whenever she fancies it! But with rosters only issued two weeks ahead, and with no means of changing shifts if you desperately need a day free, I'm at a loss to know what we're meant to do.

If they needed me for more than seven hours a week, surely they should have contracted me accordingly? As it is, it seems I'm forced to work whenever I'm rostered, regardless, however many hours over the seven it takes me.  On what grounds could they dismiss me, provided I've done everything possible and provided I've put in my seven hours?

As you have worked there only since December 2020 you have not been employed there long enough for them to even give you a reason to dismiss you, though they would have to be able to show that it was not on the grounds of a protected characteristic (such as your sex or nationality).  Not being willing to work at the times they requested should be sufficient.

Mehitabel

Ah, I see.  I suspect that's the way things will go.  Because I don't see how employees are supposed to work around a system by which rosters are only published two weeks in advance ... and the mechanism for ring-fencing certain days for important events, or whatever, doesn't work. 

I'm a conscientious employee; have never no-showed in my life.  But like everyone, I do need some kind of work-life balance, which is proving impossible in this situation.

I can't help wondering if I'd be in the same boat if I could invoke childcare requirements..

Jude57

As you've worked there less than two years, they don't even need to give a reason. Or if they do give a reason, it could be 'breakdown of trust' if you just don't turn up. Employers have the right to decline annual leave requests and even to tell you when to take it but it's poor practice (not illegal or unlawful) to just ignore leave requests. Clearly people who work there do get time off approved, so how do they do it?

You don't say that you've spoken to or otherwise directly contacted the store manager. I'd do that first, then if still no response, escalate to the regional/area manager. 

Jillanddy

Mehitabel said:

Jillanddy said:

Yes, of course you are entitled to say no and not turn up. They are entitled to dismiss you. 

Whilst I appreciate that this is very annoying, and it seems that it is the employers error, simply not showing up to work is not the best strategy. At the very least you should write to your manager outlining that you clearly stipulated that you could not work on these days (provide evidence from the portal), they have erroneously allocated you work on those days and you have tried to sort it out (explain how) but this has not worked. You should explain that you have commitments on those days so cannot work, and therefore they should ensure that the shifts are covered as you will be unable to attend work on those days. They may still not be happy, they could technically still dismiss you, but at least you will have tried your best to explain and alert them to the issues. Simply not turning up is rude and unprofessional, even if it is their fault. 

Of course it is and I would never even consider it, except I feel I've tried everything under the sun to clear those days and met with a brick wall. To emphasise, I'm not some kind of flake or princess who wants lots of days off whenever she fancies it! But with rosters only issued two weeks ahead, and with no means of changing shifts if you desperately need a day free, I'm at a loss to know what we're meant to do.

If they needed me for more than seven hours a week, surely they should have contracted me accordingly? As it is, it seems I'm forced to work whenever I'm rostered, regardless, however many hours over the seven it takes me.  On what grounds could they dismiss me, provided I've done everything possible and provided I've put in my seven hours?

Unfortunately - and supermarkets are one of the biggest offenders - some employers provide contractual entitlement only to a minimum of hours and require you to work over and above those hours. You either suck it up or find another employer. I am certainly not defending them doing this, but it is common practice in supermarkets. They don't care what is convenient for you, which regrettably means you try everything possible, as I suggested, to head off giving them a reason to dismiss you. They may do anyway. They don't even need a reason to dismiss you in the first two years. I didn't suggest at all that you were being flaky, but it was you who suggested just saying no and not turning up to work, not me. 

The reality of this type of work is that they expect you to be available when they want you - they can't even be arsed following their own processes, which, if they really were bothered, would save them a load of hassle as well as you. I am quite positive that your supervisors and managers could resolve this if they wanted to, but instead they have washed their hands of it and said that it's your problem to swap shifts if it isn't convenient for you. They've made their position quite clear. The best you can hope for is that they'll respond more positively to a written explanation.

Mehitabel

Thankyou Jillanddy.  Unfortunately, the first of the days I've been trying to clear is tomorrow and I'm still rostered to work. So it's goodbye to the Big Occasion.

I'm learning the hard way that everything you say about supermarkets is right. This COULD have been resolved at several stages, from the rosters supervisor agreeing to change my shift herself,  to the manager's actually signing off the request for the Day Clear which I made several weeks ago.  But why should they bother?  If I trangress, however hard I've tried to avoid it, they can simply sack me.

It's left me trying to re-assess just how badly I need this job. Unfortunately, my other job is both part-time, and summer-seasonal. So the supermarket, peanutty though it is, is all I'd have in winter. I do have some options for self-employment/freelancing, but TBH, I'm scared by the prospect of trying to put myself out there from scratch, at the age of 59!

Thankyou so much for your time and thought, everyone!

Jillanddy

Mehitabel said:

Thankyou Jillanddy.  Unfortunately, the first of the days I've been trying to clear is tomorrow and I'm still rostered to work. So it's goodbye to the Big Occasion.

I'm learning the hard way that everything you say about supermarkets is right. This COULD have been resolved at several stages, from the rosters supervisor agreeing to change my shift herself,  to the manager's actually signing off the request for the Day Clear which I made several weeks ago.  But why should they bother?  If I trangress, however hard I've tried to avoid it, they can simply sack me.

It's left me trying to re-assess just how badly I need this job. Unfortunately, my other job is both part-time, and summer-seasonal. So the supermarket, peanutty though it is, is all I'd have in winter. I do have some options for self-employment/freelancing, but TBH, I'm scared by the prospect of trying to put myself out there from scratch, at the age of 59!

Thankyou so much for your time and thought, everyone!

If that's where you are, then maybe look for another job? I know that may seem daunting, and your age may be "inconvenient" in some fields, but equally you must have shed loads of experience to sell. I do think it's horrible that you have to miss your occasion for this, but perhaps it is "lesson learned". If you are going to be sacked for it anyway, in future if you really do need the day off I might consider not asking for it and calling in sick. If you do that now you are just advertising the fact that it isn't true...

There isn't the huge benefit to supermarkets in employing people like this that there used to be, so it wouldn't damage them to show more loyalty to their staff and be honest about working hours. In the past they literally got away with only paying holiday for the contractual hours even if people worked more, and that saved them an awful lot of money. But that's illegal now. But the underlying attitude of supermarkets treating people like dirt hasn't gone.

I don't know who you work for, so this may not help as everyone has their own views and experiences, but I know several people who work for Aldi and they are the only supermarket that I ever hear anyone say any good about. But that's just based on hearsay from people I know who have worked for them for a number of years. If you don't work for them, it might be worth looking?