Employment Lawyers Can Answer Your Employment Law Questions
No Ben the contract doesn't ask them to work additional hours when required
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