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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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Can my employer force a 7 day week ? just to work contracted

Resolved Question:

can my employer force a 7 day week ? just to work contracted 37 hours
Submitted: 1 year ago.
Category: Employment Law
Expert:  taratill replied 1 year ago.
Hello my name is ***** ***** I am happy to help you today. How long have you worked for the employer for?
Customer: replied 1 year ago.
about 9 years
Expert:  taratill replied 1 year ago.
Is this a new requirement, are they suggesting there is never a day off (unless it is annual leave? )
Customer: replied 1 year ago.
no I used to work 7 days 1 week, and 5 the 2nd week. 2 days off a fortnight equal to one day overtime a week . that was okay. but have been doing for sometime a 7 day week continously, just to ensure i work my contracted hours
Expert:  taratill replied 1 year ago.
so are they not giving you enough hours during the 12 days over the 2 week period? What is the nature of your work?
Customer: replied 1 year ago.
Thats right care work
Expert:  taratill replied 1 year ago.
how long has this been going on for?
Customer: replied 1 year ago.
A long time now ,not sure exactly when but at least 2 years. if i don't work the hours i lose pay as well so am forced to do it
Expert:  taratill replied 1 year ago.
Ok this is in breach of the working time regulations. You should be entitled to 2 days off in a 14 day period or 1 in a 7 day period. You should not suffer a reduction in pay as a result of you asking for these breaks, in other words the employer should ensure that you get your hours over the correct period. You can raise grievance to say that this is in breach of the Working Time Regulations and that you are entitled to have the breaks by law (without a reduction in your working hours). Ultimately you may have to contact ACAS and start early claim conciliation if they will not back down. If they still will not back down you can claim in the employment tribunal. They cannot take action against you for trying to assert your statutory right to rest. If you were to be dismissed it would amount to automatic unfair dismissal. If you have any further questions please ask. If I have answered your question I would be grateful if you would take the time to rate my answer as am not otherwise paid for answering your question. Thank you and all the best.
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6305
Experience: 15 years experience of advising on employment law matters
taratill and other Employment Law Specialists are ready to help you
Customer: replied 1 year ago.
thank you just as i thought
Expert:  taratill replied 1 year ago.
No problem all the best with it.

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