Am I entitled to any days off at the weekends every month?

ValiantSaint · 17 January 2019 at 9:33PM

Hello everyone. I work for a small charity as kitchen manager/delivery driver(and have done for 20 years) that serves the elderly hot food at lunch time. It was originally set up by my Mum, who passed away in 2012.

Since 2014, I've had a new boss, who has been very accommodating with working with me about my hours, due to having a toddler etc, allowing me to complete some duties at the weekend, such as cleaning etc, which I get paid for during the week, so I can get back for my wife to go to work in the afternoons.

I work seven days a week and Bank Holidays. My hours are 8 till 1 (but work until after 1:30 most days) during the week.

I should do 6 hours cleaning in the week, but as I have said my boss has been very good and allowed me to clean at the weekends.

I work from 10 until 1 on weekends and Bank Holidays

Am I entitled to a (paid) day off during the month as I only work around 30 hours a week, over seven days?

Many thanks in advance.

KatrinaWaves · 17 January 2019 at 9:46PM

You could take some as holiday.

It looks like you choose to work weekends as it suits you better, rather than actually being required to work 7 days a week.

PasturesNew · 17 January 2019 at 9:49PM

You have chosen/been allowed to work in that manner, out of "courtesy" for your heritage. If you question it the boss could simply say "OK, I'll reduce your hours and get somebody else to do that...."

You appear to be wanting to have your cake and eat it.

Of course, in black/white terms there will be legislation that does determine your "rights" - but you've put yourself in this position and aren't being "forced by a mean boss" to do those hours. It's a favour to you.

KatrinaWaves · 17 January 2019 at 9:51PM

Okay on rereading as your weekends appear you be you choosing, if you want the weekend off do your cleaning during the week.

If you want further time off, book it in as annual leave.

ValiantSaint · 17 January 2019 at 9:57PM

KatrinaWaves wrote: »

You could take some as holiday.

It looks like you choose to work weekends as it suits you better, rather than actually being required to work 7 days a week.

I think I'm actually contracted to work weekends etc, as I still deliver food (hence why I have time to clean the kitchen). Does that make any difference?

Edit I only get 28 days holiday for the whole year, so time off is at a premium.

jobbingmusician · 17 January 2019 at 10:01PM

Are you actually getting any paid holiday at the moment? If you work a full time equivalent, you are entitled to 5.6 weeks paid leave each year. Since you work strange hours, it would probably be more beneficial to you (and should not disadvantage your employer) if this was worked out in hours rather than days.

However, having said this, it is likely that it WOULD disadvantage your employer if you always took leave at weekends, so that it was always the cleaning part of your contract which needed cover. (Or maybe not? Maybe it would be easier/cheaper to get cover if they only had to replace this aspect of your job?)

I assume no-one else is around at the weekend when you clean? It sounds as if it might be more advantageous to your own mental health if you were more flexible with yourself (and presumably involving your partner) about when you cleaned at the weekends. Would it be helpful to you without affecting your employer if you occasionally did all the cleaning on one weekend day, or at night, so that you had the odd full day off to spend with the family? Is this what you are trying to achieve and can you achieve your aim without disadvantaging your employer at all?

PS I wrote the last bit before I saw your comment about being contracted.... Obviously the first thing to establish is what your contract actually says!

KatrinaWaves · 17 January 2019 at 10:04PM

Yeah clarity is needed on your contract as in the initial post it seems as thought it’s optional. If it in your contract why is the boss ‘being good and allowing it’ when it’s your contract?

p00hsticks · 17 January 2019 at 10:15PM

ValiantSaint wrote: »

I work seven days a week and Bank Holidays. My hours are 8 till 1 (but work until after 1:30 most days) during the week.

ValiantSaint wrote: »

Am I entitled to a (paid) day off during the month as I only work around 30 hours a week, over seven days?

According to this
https://www.gov.uk/rest-breaks-work

you are entitled to either
- an uninterrupted 24 hours without working per week or
- an uninterrupted 48 hours without working per fornight

But that's unpaid

Savvy_Sue · 18 January 2019 at 1:32AM

So what happens when you are either unwell, or take paid holiday? Is there no relief driver to cover you? Working 7 days per week with no backup at all is unsustainable ...

getmore4less · 18 January 2019 at 6:28AM

8-1 weekdays and 10-1 weekend is more than 30hr

What days/hours are you contracted to do?

What hours are you actually doing?

If there is 6 hrs cleaning in the rota which you do at the weekend
if doing 10-1 on the weekend how can you fit in driving?

The thread title and question in the post are not the same.

The title is close to the correct question, you should not be working 7 days a week every week, there should be time off but that does not need to be weekends or paid.

Am I entitled to any days off at the weekends every month?

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