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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48455
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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I am not feeling well, so I asked today (Monday) if I can

Customer Question

I am not feeling well, so I asked today (Monday) if I can cancel my overtime for Wednesday and Thursday as I feel dreadful and thought it best to work just my core hours. I have been told that they have to find someone to cover those hours, two on the Wednesday, one on Thursday. Can I be forced to work them?
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 have you worked there for?

Customer: replied 1 year ago.
Two and a half years
Expert:  Ben Jones replied 1 year ago.

Hello, sorry my laptop crashed earlier and have been unable to get online until now. Whilst these shifts may have been confirmed, as with any other working time, if you are unfit to work you will simply have to call in sick for these hours. The employer cannot force you to come into work at any time or work additional hours even if they were pre-agreed. They will have a duty under health and safety regulations to ensure your health and wellbeing and if this is going to be affected by you working this then they will be in breach of these regulations. They may potentially question why you can work the core hours but not the additional ones and you could try and explain to the, but if you want to ensure that the potential repercussions are minimal then you may wish to consider calling in sick for all hours on those days, or at least half. But in summary you cannot be forced to work these hours even if you had agreed to work them in advance.

I hope this has answered your query. I would be grateful if you could please take a second to leave a positive rating by selecting 3, 4 or 5 stars - this is an important part of our process and recognises the time I have spent assisting you. If you still need me to clarify anything else, please get back to me on here and I will assist further as best as I can. Thank you

Customer: replied 1 year ago.
The reason is, I need to work my core hours as if I call in sick, it'll hit my Bradford factor. I'm trying to lesson how poorly I feel and still get to work at least my core hours. Instead of helping my boss is being awkward!! Thank you for your help
Expert:  Ben Jones replied 1 year ago.

Yes what I said was just a suggestion to try and lessen any potential issues by them arguing that if you are well enough to work core hours then you should be able to work the overtime but the fact is if you are not well enough to work these extra hours you simply do not. Hope this clarifies?

Expert:  Ben Jones replied 1 year ago.

Hello, I see you have read my response to your query. If this has answered your question please take a second to leave a positive rating by selecting 3, 4 or 5 stars from the top of the page. I spend a lot of time and effort answering individual queries and I am not credited for my time until you leave your rating. If you still need further help please get back to me on here and I will assist as best as I can. Many thanks.

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.