Hello, my name is ***** ***** it is my pleasure to assist you with your question today. can you tell me how long ago your employer asked for these changes and has he asked you to sign anything. and have you started giving the 20 minutes travelling time please
About a month after I started working for them I was told this was what I should be doing as it was a “rule” they had.
I have never agreed to give the 20 minutes nor have I been doing so, I always book my time as overtime, as yet they have not noticed or questioned this.
I have never signed anything to say I would give 20 mins twice a day nor have I ever been given anything in writing to say this is what I should do. As I said previously I haven’t even been given a contract or even seen one since I started to work for them.
My main reason for asking about this whole issue is that recently they are requesting we call in to the depot “on the way home” to collect parts etc and its expected that this be done in our own time, the 20 minutes has started to be mentioned and pushed again but its now not just to cover travel they are telling us to clean the workshop or do paperwork while we call in to collect parts etc.
They are asking more and more for free and trying to now pile extra work in to the mix.
Hi, sorry I was offline yesterday when you replied. Your question overlaps two separate legal categories – employment and tax. You need two separate advisors for each part and whilst I can certainly help with the employment aspect, I can’t really advise you on the tax issue, for which you would need to post a separate query. Based on that would you still like me to go ahead with discussing the employment law parts only?
That's fine, any help with the employment law side of things would be a great help.
Your employment rights will be governed by your contract of employment, or any other agreement you have reached with the employer. For example if you have a contract which specifically states that you work set hours or your working day starts at a specific time you can refer to this, although in your case this is not available as it was never issued to you. In fact you can remind the employer that under law they have a duty to issue you with a written statement of employment particulars which would contain a summary of your main terms and conditions, including working hours. This must have been issued within 2 months of you starting your job.
So in the absence of a contract, it will come down to what was agreed at the start of the job, for example were there specific hours of work, etc. If you did then the employer’s insistence that you work extra time can amount to a change to your contract (an implied contract would be in place even if there was nothing in writing).
However,. There is one main issue here and that is your length of service. Until you have at least 2 years’ service you are not protected against unfair dismissal, which means that you can be dismissed for more or less any reason. Therefore, if your employer thinks you are being difficult about this matter they could potentially sack you at any point in the next 6 months and you will not be able to challenge it. This is even if you are correct in a sense that they are asking you to do something which was not in your original agreement with them. So be careful how you approach this – you are legally correct that you can refuse to do the extra work if it was not agreed with you, but at the same time the employer can lawfully dismiss you because you do not meet the minimum requirements for protection against unfair dismissal.
Hope this clarifies your position? If you could please let me know that would be great, thank you
Thank you for your help, it does seem crazy that until 2yrs have passed they can just sack me with no come back on them but i guess if that's the case then i just have to live with that.
Thanks again, i dont have any further questions on this issue