Leave weekends and HR advice.

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  • Leave weekends and HR advice.
  • joshvegas
    Member

    And can someone report for bike foruming

    Premier Icon scotroutes
    Subscriber

    And can someone report for bike foruming

    Done.

    They’re plainly wrong but it’s always worth checking the exact wording in the contract.

    joshvegas
    Member

    She hasn’t seen a contract yet wot wiv being new.

    But I’ll suggest she asks to see it.

    Premier Icon Onzadog
    Subscriber

    Is she paid for 7 days a week?

    Premier Icon scotroutes
    Subscriber

    Three weeks into the job and no contract? There must, at least, be some sort of written job offer outlining T&Cs.

    MrSmith
    Member

    She hasn’t seen a contract yet wot wiv being new.

    But I’ll suggest she asks to see it.

    😯
    Been self employed for all my life so no idea about these things but do people really accept and start jobs without reading the contract?!?

    FuzzyWuzzy
    Member

    That does sound a really bizarre and idiotic policy, whether it’s legally enforceable or not though I have no idea. 28 days is pretty generous though unless that includes Public holidays.

    joshvegas
    Member

    My significant and vastly more wonderful other is three weeks into a new job.

    The job entails community kids and parents engagement and travelling across scotland.

    We have a wedding on saturday its on a saturday and not a normal working day for her and obviously sunday is a day off too.

    So yesterday she gets an email saying “somethings come up on sunday who can work” she replied saying sorry she’s away and not available. This has been accepted.

    Now while they accepted it they’ve also said if she wants to ensure time off even at the weekends she needs to book it as annual leave which already sounds a bit suspect if you considering she gets 28days leave and there are how many weekends? BUT they’ve also said if nothing occurs that might have been work she’ll get it back if something does occur she’ll lose it.

    My mind boggles at this they’re basically saying you have to gamble your annual leave?

    So… Firstly this is a charity that has been taken over by an umbrella charity (i think i might see why it needs rescuing) as far as i’m aware the problem lies in this small charity doing what they’ve always done. There has already been some overuling by the main charity so i think change is in the pipeline. I’m fairly sure its also just incompetence. But the work itself is exactly her thing and really quite useful to build CV walking wouldn’t be ideal atleast not just yet.

    But can anyone shed light on the law regarding weekends and leave.

    If she booked two days annual leave for this weekend and lost it because a job came up i’m fairly sure that would constitute a 7day week and would be against the law?

    trail_rat
    Member

    its the norm in the offshore ADHOC industry BUT you normally get more than statuatory leave to account for it – and you have signed out of the working time directive most of the time.

    as above – i would be very firm on obtaining a contract prior to setting foot in the office for many reasons …. and i have been in the past.

    mattyfez
    Member

    I think the key thing is how the job was sold to her, if she was told it was Monday to Friday or was she told there would be rotations to cover 7 days a week. Was weekend working ever mentioned before she accepted the job?

    joshvegas
    Member

    28days is the legal minimum.

    8 of those can be publuc holidays.

    Let me rephrase the contract thing… I have yet to read it.

    261 days work a year so 5days a week. Also legally i think you actually have to sign a seperate waiver for sacrificing the 7th day.

    joshvegas
    Member

    mattyfez – Member
    I think the key thing is how the job was sold to her, if she was told it was Monday to Friday or was she told there would be rotations to cover 7 days a week.

    See this is the thing. Its not the norm for weekend work this is a just incase something comes up.

    And by something comes i mean they add something to the schedule its not a critical job its turning up to a community to provide a drop in centre.

    thecaptain
    Member

    Been self employed for all my life so no idea about these things but do people really accept and start jobs without reading the contract?!?

    Every place I’ve worked it would take about 3 weeks solid to read through all the terms and conditions 🙂

    (and that’s before considering the one where they were written in Japanese…)

    mattyfez
    Member

    In that case then, I would think they’d need to give reasonable notice on occasions where weekend work is required, because people who work Mondays to Fridays generally make plans for the weekend…

    Asking them to book annual leave to secure an established day off doesn’t seem legal.

    Premier Icon Cougar
    Subscriber

    There’s a world of difference between “can anyone help on Sunday” and “your have to come in on Sunday,” and it’s one I’d expect to carry a significant salary difference.

    Would she get paid overtime if she went in, out of interest?

    joshvegas
    Member

    Nope she’d get the day back…

    Which could be amusing.

    Premier Icon kilo
    Subscriber

    If they at saying that weekends are de facto working days how can they comply with the European directive on working time in relation to rest days. I don’t see how being rostered seven days a week is legal. Join a union (sorry to steal your line TJ)

    Gary_M
    Member

    Not sure I understand the op, she gets 28 days annual leave but effectively works 7 days so to book every weekend off she would need 104 days holiday?

    Premier Icon Cougar
    Subscriber

    She gets the holidays returned if they aren’t used.

    Which is bollocks in itself. They’re basically penalising her holiday days for saying “no” to extra out-of-hours work. That surely can’t be legal.

    Premier Icon martinhutch
    Subscriber

    Does sound like it will be abuse of some contract term which allows working above contracted hours where there is a business need. Probably by a manager who hasn’t really thought it through.

    When she starts booking every weekend off on a rolling basis the penny will drop, won’t it?

    Gary_M
    Member

    She gets the holidays returned if they aren’t used.

    So what happens if she ends up working 28 Sundays? She has no annual leave and needs to work 7 days a week?

    This can’t be legal.

    Premier Icon Cougar
    Subscriber

    When she starts booking every weekend off on a rolling basis the penny will drop, won’t it?

    I was about to suggest the same thing, block book the next ten weekends and then roll it forward every week, see how quickly they get bored of the admin.

    Premier Icon scotroutes
    Subscriber

    So, if she books the next 14 weekends off, then work crops up on all of those days, she’ll have no holidays left?

    I think you can see that is plainly not right.

    joshvegas
    Member

    To clarify i’m very aware its not right.

    Funnily enough i was going suggest booking 104 days annual leave.

    Premier Icon Cougar
    Subscriber

    Another thought:

    if she bookes two weeks off, are they proposing to take 16 days’ leave off her rather than 10?

    I’d clarify, who is this “they” who are saying this? Is it an official company stance or is ut a random email from a halfwit team leader who doesn’t know any better?

    Gary_M
    Member

    And this bit

    So yesterday she gets an email saying “somethings come up on sunday who can work” she replied saying sorry she’s away and not available. This has been accepted.

    Surely they must know who can work as everyone that can’t must have booked annual leave going by their rules?

    Was the phrase ‘annual leave’ definitely used as it sounds more like an on call system. ‘Let us know if you’re not available for on call, if you do get called out you get a day off in lieu’.

    thecaptain
    Member

    I would think what they really mean to do is have some way of knowing whether occasional future weekends could be worked if and when it’s necessary. Obviously a stupid way of doing it and if there’s no obligation to work weekends she could just say “never”.

    I would also assume that a worked weekend day would get either overtime or TOIL.

    I had work impinge on weekends occasionally. Didn’t usually kick up a fuss as I got to swing the lead plenty anyway.

    flowerpower
    Member

    So…

    If she books the day as holiday and she doesn’t have to work then:

    BUT they’ve also said if nothing occurs that might have been work she’ll get it back if something does occur she’ll lose it.

    and if she does have to work then:

    Cougar – Moderator
    …Would she get paid overtime if she went in, out of interest?

    joshvegas – Member
    Nope she’d get the day back…

    So either way she gets the day back… ❓

    Still can’t see how they expect her to be available – but it appears she won’t lose out on holidays – just can’t plan a social life with any certainty 🙄

    joshvegas
    Member

    but it appears she won’t lose out on holidays – just can’t plan a social life with any certainty

    But she will. If we consider holidays to be annual leave how does she book holidays?

    She might have acrued 14days for a week off in march but equally she might not.

    Didn’t usually kick up a fuss as I got to swing the lead plenty anyway

    And thats the rub flexibility needs work both ways. Its daft.

    I’d clarify, who is this “they” who are saying this? Is it an official company stance or is ut a random email from a halfwit team leader who doesn’t know any better?

    Very possibly the issue.

    Was the phrase ‘annual leave’ definitely used as it sounds more like an on call system. ‘Let us know if you’re not available for on call, if you do get called out you get a day off in lieu’.

    And possibly this. The called out thing is the issue anything she goes to will have been booked this isn’t an “emergency” callout.

    Premier Icon iainc
    Subscriber

    has she sat down with her Line Manager and had a conversation about it ?

    Emails can be interpreted quite differently to the way they are meant to be when written.

    joshvegas
    Member

    iainc – Member
    has she sat down with her Line Manager and had a conversation about it ?

    Emails can be interpreted quite differently to the way they are meant to be when written.

    Not yet and i agree. But its good have a long list of all the reasons its a terrible idea!

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