DH being forced to work full day on Saturday

izoomzoom

Hiya

This is about my DH:

Pattern for everyone else at work is to work 11 full days in a 14 day cycle, ie 6 days this week, and then 5 days next week, but a Saturday everytime. This equates to an average 5.5 days per week, and all their contracts say this (ie 5.5 days per week, but not specifically which days, as in the 2nd week they can choose which day they want off).

Two years ago, when DH started present job, he explained that he couldn't work full day on Saturday because I worked then. He worked until 1pm. Thus DH works 5.5 days a week too, and this is also in his contract. But his 5.5 days a week is M-F and then 1/2 day on Sat.

However, I am now on maternity leave and DH's boss is putting him under increasing pressure to work on Saturday afternoon.

I keep telling DH that they are just scaring him, and I believe they have ''mentioned'' disciplinary but I think it is just bullying because as soon as DH works a full Sat he will have lost the battle.

What can he do, or what can you / I say to him to make him stick to his guns ......

Iamthesmartestmanalive

In all honesty it depends on the wording of the contract

If the contract states half day saturday he cant be forced otherwise, however it more likely says 5.5 from 7 in which case his work can ask him to work and failure to is breach of contract and misconduct

If his contract does state only half sat they can just change it

Overall your partner should negotiate with his employer and hope, but if they insist on it he will in all likiehood have to comply or find a new job

izoomzoom

Then the fact that he has been doing this half day Sat thing for nearly 2 years has no bearing. Surely this is an implied contract ??

duchy

Seems like his employer was really fair and allowed him to work hours to fit in with your working but now the need isn't there as you are on maternity leave he is expecting your husband to do what all the other employees have done all along. Perhaps some of his collegues would appreciate having a Saturday free to spend with THEIR family too and your husband's previous preferential treatment has meant that they sometimes couldn't or if Saturday afternoons are busy the workload more fairly shared.
If his contract doesn't specify working specific days I don't think he has a leg to stand on though.

dmg24

Agree with the other posters. The OP's employer was accommodating his request to enable someone to look after your child when no one else was available. This need is no longer there as you are at home.

FleetFanatic

izoomzoom wrote: »

Then the fact that he has been doing this half day Sat thing for nearly 2 years has no bearing. Surely this is an implied contract ??

It will have become an "assumed working practice" as it has been going on for over 6 months.

The employer can attempt to alter it, but only by giving a suitable period of notice & consultation period.

If the contract states Saturdays as a full day, then there is nothing to negogiate..... if it says half-day then he has grounds to stick to his guns.

warrend

I agree and disagree with the other posters.

From a legal perspective no I dont believe they can change an accepted working pattern without "officially" notifying your husband. He may then have to respond about why this is not acceptable, however I believe its not that easy for an employer to do so without good reason (could they argue that it is hurting the business). Threatening him with a disciplinary action is easily covered by discrimination and should not be tolerated.

Did your husband negotiate these hours on joining the company or once he had started working there? I don't believe that it matters legally but have they been fair and should you reciprocate? Will "digging your heals in" cause you further problems in the future if your circumstances change and they wont be so accommodating to a further change?

Are you planning on going back to work? If so It may be the best compromise to put it in writing to his employer that he can work a full Saturday until such a time as you return to work - that way ensuring that the arraignment can continue in x months.

@duchy - We are all free to negotiate our terms of employment - if the guy next to you is getting a better deal its probably because he asked.

The best advice I have is to give ACAS a call - they should be able to tell you where you stand.

for further reading:
direct.gov
flexible hours

warrend

FleetFanatic wrote: »

It will have become an "assumed working practice" as it has been going on for over 6 months.

The employer can attempt to alter it, but only by giving a suitable period of notice & consultation period.

If the contract states Saturdays as a full day, then there is nothing to negogiate..... if it says half-day then he has grounds to stick to his guns.

Does it have to say half day??? I thought once it had been accepted/ assumed then its pretty much the same deal, unless it was stated that it was only until his or the companies circumstances changed.

I'm guessing they have left it pretty open to allow for flexibility - which works both ways.

izoomzoom

duchy wrote: »

Seems like his employer was really fair and allowed him to work hours to fit in with your working but now the need isn't there as you are on maternity leave he is expecting your husband to do what all the other employees have done all along. Perhaps some of his collegues would appreciate having a Saturday free to spend with THEIR family too and your husband's previous preferential treatment has meant that they sometimes couldn't or if Saturday afternoons are busy the workload more fairly shared.
If his contract doesn't specify working specific days I don't think he has a leg to stand on though.

DH gets no preferential treatment. He gets 1/2 a Sat off each week (thus 1 full day over a two week period) whilest everyone else gets a whole day off (in each two week period).

I may be on maternity leave, but I am still employed ... and my contract specifies that I HAVE to work Sat and Sun.

izoomzoom

dmg24 wrote: »

Agree with the other posters. The OP's employer was accommodating his request to enable someone to look after your child when no one else was available. This need is no longer there as you are at home.

Yes, right now I am, but I will have to go back to work, and then we will have a problem because my contract specifies that I HAVE to work Sat and Sun.

izoomzoom

FleetFanatic wrote: »

It will have become an "assumed working practice" as it has been going on for over 6 months.

The employer can attempt to alter it, but only by giving a suitable period of notice & consultation period.

If the contract states Saturdays as a full day, then there is nothing to negogiate..... if it says half-day then he has grounds to stick to his guns.

Thanks, this 'assumed working practice' is what I was thinking of.

DH's contract states:

8 hours a day / 5 1/2 days a week (issued at commencement of work and handwritten) but then a year later a typed version was issued and this states 44 hours per week

Hours of work - the co operates a rota system, and you will be notified of your rostered hours by your manager (well they agreed that he would work M-F and 1/2 day Sat). (BTW there are no rota's put up by the manager - it is a small branch and everyone basically knows what days they work and which days they get off)

In the staff hand book it states:

Your hrs of work will have been explained to you at the time that you were offered employment (DH explained at interview about Sat pm issue, and they still offered him the job and wrote on his contract 8 hours per day / 5 1/2 days a week) and are stated in your contract of employment.

On further examination of DH's contract the only reference I can find to a 5.5 day working week is actually in reference to holiday entitlement: ''the above entitlements are based on a 5.5 out of 7-day working week.