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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
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Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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if an employee has a work contract that states his hours as

Customer Question

if an employee has a work contract that states his hours as 40 a week, does he then have the right to finish his shift when he finishes and is the employer responsible for his child care difficulties
Submitted: 2 years ago.
Category: Employment Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Does the contract allow the employer to ask them to work additional hours as required? Please note I am just going offline so will respond in the morning thank you
JACUSTOMER-2bxqoxt9- :

No Ben the contract doesn't ask them to work additional hours when required

Ben Jones :

Hi, many thanks for your patience, an unexpected tribunal cropped up today, which I had to attend. If an employee is contracted to work a specific number of hours then once they have achieved these, they can expect to be released to go home. If their contract allowed the employer to request them to work additional hours as required and the employee unreasonably refused then it could be a misconduct issue but that is not the case here as no such clause exists. So if the employee really wanted to they can finish when they contracted end time comes and they cannot be forced to stay for longer. Of course if they have not actually worked to the level expected of them and have been unproductive, resulting in them not finishing the work expected of them the employer could ask them to make up that time at some point but they would really need to show that there was an unreasonably poor level of work for this to happen.

As to child care arrangements, the employer would not be liable for these, whether they ask the employee to stay or not. If they ask them to stay and they agree to then it is still the employee’s liability to arrange these or pay for any changes.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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