Changes at work

Farid2024

Evening all,

I am with my current employer for over 10 years (TUPE ) and was mostly working from home, due to child care arrangement. I was number 1 in the company and they won business because of performance which continued for Years. Following the recent changes to the system, my performance slightly dropped purely because of system issues. Now my employer ask me to work from office daily (which I have said it's not possible due to child care arrangement). I am feeling a bit let down as few of my colleagues whose performance is even worst then me as still enjoying working from home. I am also feeling let down since I am only person left on old contract (Tupe) and feels the way I was told they wanted to get rid of me. This has caused massive strain on my health.

My contract does not state number of hours required to work per week. My employer now ask me to let them now my decision on what I wish to do before the school start date.  

I have no other option apart from  requesting part time work. I am bit worried if they refused then I'll have no other option expect to resign.

However I am wondering can they refuse if my contract does not start I am required to work full time. 

Please advise. 

Many thanks

LinLui

Do you have a formal working from home / flexible working agreement? You need to be clear that your childcare is important to you,  but irrelevant to your employer.

You also need to clarify - what do you mean that you have no contractual hours? If you are a zero hours worker your rights are very limited. 

Farid2024

Yes, I do. 

Hours of works says the following.

Hours of Work 

You will be notified of the hours that you are required to work prior to the start of each project. If there is no work available or if you do not wish to work on a project you will not be required to attend the office and will not receive any

payment for these periods. 

Regulations 4(1) of the Working Time Regulations (the "WTR) provides that a worker's average working time, including overtime, shall not exceed 48 hours for each seven day period (to be averaged over a period of 17 weeks) unless the worker agrees that this Regulation shall not apply to his or her employment. In accordance with Regulation 5 of the WTR you agree that Regulation 4(1) of the WTR shall not apply to your employment with the

Company.

LinLui

Sorry. I also just looked back at your previous threads. In the absence of other evidence,  you are a zero hours worker - not an employee. You either turn up to work where they tell you, on what they tell you, or you have neither work nor pay. As you were advised previously.

TUPE only applies to employees. Unless you can show otherwise, you are a worker and not an employee,  so there are no TUPE rights - although,  to be fair,  TUPE doesn't last for ever if the employer needs to vary it. 

LinLui

Sorry,  not being harsh,  but I ignored the other stuff because it's not relevant. Your previous work or what other people do doesn't have relevance to where you stand. I did see that you have a disabled child - which mostly also isn't relevant (sorry) - but have you asked about flexible working?

Farid2024

I moved from `Company A to Company B and then to Company C. All via TUPE transfers. The above terms are from company A. I have been with Company C from last 10 years.

LightFlare

Farid2024 said:

Yes, I do. 

Hours of works says the following.

Hours of Work 

You will be notified of the hours that you are required to work prior to the start of each project. If there is no work available or if you do not wish to work on a project you will not be required to attend the office and will not receive any

payment for these periods. 

Regulations 4(1) of the Working Time Regulations (the "WTR) provides that a worker's average working time, including overtime, shall not exceed 48 hours for each seven day period (to be averaged over a period of 17 weeks) unless the worker agrees that this Regulation shall not apply to his or her employment. In accordance with Regulation 5 of the WTR you agree that Regulation 4(1) of the WTR shall not apply to your employment with the

Company.

This phrase appears to imply that your WFH arrangement was informal unless you have something that states different

LinLui

Farid2024 said:

I moved from `Company A to Company B and then to Company C. All via TUPE transfers. The above terms are from company A. I have been with Company C from last 10 years.

Sorry,  but if those are your original terms, you may have moved company, but TUPE never applied - you are a worker and not an employee. You have no rights to any hours, or any specified location of work. You work where they say,  when they say,  or you don't work. You don't even get the right to quit - they simply don't offer you work and there's nothing you can do about it. I am so sorry - but you need to comply, or prepare for no work from them. 

Unless you can give us something that proves otherwise? 

Jaguar98

Tough spot, but try formally requesting flexible work arrangements due to childcare it could help you maintain some balance.

LinLui

Jaguar98 said:

Tough spot, but try formally requesting flexible work arrangements due to childcare it could help you maintain some balance.

Only employees can apply for flexible working. Based on what the OP has said, they are not an employee. They can turn down work any time they want, and equally the employer is not obliged to offer them work. 

LightFlare

LinLui said:

Jaguar98 said:

Tough spot, but try formally requesting flexible work arrangements due to childcare it could help you maintain some balance.

Only employees can apply for flexible working. Based on what the OP has said, they are not an employee. They can turn down work any time they want, and equally the employer is not obliged to offer them work. 

In another thread the OP also said:

3) I'll be paid holiday pay during my holidays.

Do workers also get holiday pay ?  (genuinely dont know -- hence asking)