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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience:  15 years experience of advising on employment law matters
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Good Morning I have a friend who works a 5 day week as a chef

Resolved Question:

Good Morning
I have a friend who works a 5 day week as a chef in a hotel. She also attends a 2 day a week college course as a chef. This course she paid for herself.
Her work have told her that she cannot have any more time off, only her 2 days.
Is this correct under UK employment law
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today.

taratill :

Are you saying she is asking for extra study time off?

Customer:

She works a double day shift most of the time of which she is only paid for some of it.

Customer:

As she isworking a 5 day rota and studying for 2 days she dosnt get and actual time off

taratill :

Does she get weekends off?

Customer:

No, sorry Jenny, my name is steve

Customer:

she gets no days off at all

taratill :

Hi Steve, how long has she worked there for?

Customer:

the 2 day a week course she is doing is for a higher level of cookeing

Customer:

she has been there nearly 2 yrs

taratill :

And I assume you mean that she works 5 days and does college 2 days (not that she works 7 days a week)

Customer:

that is correct

taratill :

Ok does her employer require her to do this course?

Customer:

not sure, she has a lvel 1 and 2 in hospitality and cooking and is now doing the level 3 as degree to her masters

Customer:

she has been passed over for promotion because she cannot do anymore hours

taratill :

Ok thanks, XXXXX XXXXX to this question depends on whether her employer requires her to do this course as part of her job or not. If they do then under the Working Time Regulations she can argue that she is not getting adequate weekly rest breaks. If it is her choice to do the course on her days off then the employer has no obligation to give her time off as it is up to her what she does with her days of rest. If the course benefits the employer then it is surprising that they are passing her over for promotion and not supporting her. She could raise a grievance about their failure to support her.

taratill :

If she wants to do that she can ask for a copy of her employer's grievance procedure. They will be under a duty to consider her grievance

Customer:

The course will definatly benifit the employer....thats if she stays, the course will finish in may.

Customer:

She has been promised this promotion since last year but has only just found out that it was given to someone else.

taratill :

well she should certainly raise a grievance about that.

Customer:

I will help her get it started.

Customer:

Many thanks

Customer:

its not what i was hoping for but it will at least show that she cannot be pushed around....they regulary change her shift pattern without informing her.

Customer:

Thank you jenny

taratill :

well she should raise a grievance about all of these things.I would be grateful if you would take the time to rate my answer. Please do come back to me in the future if you need to.

Customer:

I most certainly will.

taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
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