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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 47875
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Can an employer insist on employees working without any

Customer Question

Can an employer insist on employees working without any weekends off? My partner's hours have been changed so he is off on Thursday & Friday each week but never at weekends. This is happening to half the workforce but not the other half due to austerity measures. Thank you
Submitted: 1 year ago.
Category: Employment Law
Expert:  Ben Jones replied 1 year ago.

Hello, my name is***** am a qualified lawyer and I will be assisting you with your question today.

Expert:  Ben Jones replied 1 year ago.

How long has your partner worked there for? Also, do you know whether there is anything in his contract that would allow the employer to change this? Thank you

Customer: replied 1 year ago.
My partner has worked for this company since October 2012 as an area manager but due to health reasons has become a site supervisor since September 2016. I am unaware & have not seen any written contract regarding a change of working days - these austerity measures have been discussed at meetings during which other employees have put forward a fairer rota but management insist that the new arrangements will be beneficial for the company! They have not discussed this with the workers of which my partner is in charge.
Expert:  Ben Jones replied 1 year ago.

OK, thank you for your response. I will review the relevant information and laws and will get back to you at the earliest opportunity. There is no need to wait here as you will receive an email when I have responded. Also, please do not responded to this message as it will just push your question to the back of the queue and you may experience unnecessary delays. Thank you.

Expert:  Ben Jones replied 1 year ago.

Many thanks for your patience. There is no automatic right under law to have weekends off. A weekend day is no different than any other day of the week from a legal perspective and gets no preferential treatment in terms of having it as a day off. Under law workers are entitled to minimum rest times and rest days, but nothing that specifies that they must include weekends. So from a legal perspective there is nothing wrong with having a requirement to always work weekends.

The other rights would be from a contractual perspective, for example if he had a contract detailing his hours previously and this has now been changed to the current arrangement. In that case it could amount to a breach of contract, depending on what happened and how the changes were introduced. But for this to apply he must have had a specific contract with defined working days which have now been amended as a result of these changes coming through.

This is your basic legal position. I have more detailed advice for you in terms of the rights he has in the event that this amounted to a change to his contract, which I wish to discuss so please take a second to leave a positive rating for the service so far (by selecting 3, 4 or 5 stars) and I can continue with that and answer any further questions you may have. Don’t worry, there is no extra cost and leaving a rating will not close the question and we can continue this discussion. Thank you

Customer: replied 1 year ago.
Thank you Ben - I shall speak with him tonight & clarify matters before getting back to you. I appreciate your response & will be rating your service ASAP. Patricia
Expert:  Ben Jones replied 1 year ago.

No problem, thank you

Expert:  Ben Jones replied 1 year ago.

Hello, do you need any further assistance or are you happy with the above response? Look forward to hearing from you.