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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 48554
Experience:  Qualified Employment Solicitor - Please start your question with 'For Ben Jones'
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Dear I have an issue about my working place that I think the

Resolved Question:

Dear
I have an issue about my working place that I think the managers at are bullying me.
Submitted: 1 month ago.
Category: Employment Law
Customer: replied 1 month ago.
I a part-time employe and i have work for this company over 7 years. My minimum hours are 24 and i have been working 3 days a week ( friday Saturday and sunday).
I have 2 jobs. On week days i work for my other job and 3 days for this company. This company has refused to help me ( assistant manager and the warehouse manager) they have take my hours and giving it to other employe and refused to give my days of work
Expert:  Ben Jones replied 1 month ago.

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

Expert:  Ben Jones replied 1 month ago.

Does your contract guarantee you any hours of work?

Customer: replied 1 month ago.
In my contract said minimum 24 hours. Im now doing the minimum hours, but i only can do friday Saturday and sunday. I spoke to my manager and i told him please i only can work on friday Saturday and sunday and he refused and told me only because i have an other job.
Expert:  Ben Jones replied 1 month ago.

Hi there, sorry I was offline by the time you had replied. Does the contract say which days of the week you can be asked to work? Also how long have you been doing Fri, Sat and Sun?

Customer: replied 1 month ago.
Hi.
My contract has't mentioned anything about the days. But it said to be flexible.
However, i was doing 3 days a week on friday Saturday and sunday for almost 3-4 years.
My hours were friday 5pm to 10pm. Saturday and sunday was varise. This hours was given to me for 3-4 years. They have also forced me to do 3 days during education time at university. While today people that goes to university are doing 2 days (only weekends). They force me and also stress me now and before that they will sack me if i dont turn up.
I think the assistant manager and the warehouse manager are bullying me due to perviouse issue.
My mother is very sick. During the week i take care of her while my brother is at university. He comes home at 4pm on friday and i go to work. On Saturdays and sundays he will be looking after my mother while im at work.
Im stress out, getting bullying by manager to refuse to help me. They have many staff at this department that they could ask them to work on other days and i work on fridays. Today i have swapped my friday with an other employe and if i tell manager they will refuse. We both have same start time but he will do my thursday and i will be doing friday.Thank you
Expert:  Ben Jones replied 1 month ago.

Thank you. As far as the contract is concerned, you have no guarantee on which days of the week you would be working and there is also a flexibility clause, which means the employer could ask you to work any day and there is no guarantee of you working any set days. This is the starting position at least. Also there is no obligation on them to assign you the days so that you can go and do another job - they do not have to take that into account and can only think about what suits them, not what suits you because you have other working commitments.

Saying that, there is a principle in law known as ‘custom and practice’, under which certain terms may become implied into an employment contract. This makes them contractually binding even if they are not written down anywhere. This area of law is rather complex and it is usually only down to the tribunals to establish with certainty if something had become an implied term. Nevertheless, it does not prevent employees from directly raising this argument with their employers in any negotiations.

From a legal perspective, to become an implied term a practice must be "reasonable, notorious and certain". In simpler terms this means it must be well established over a period of time, known to employees and clear and unambiguous. Therefore, something that is uncertain, not widely communicated or applied consistently or has just been around for a few months is unlikely to qualify.

In your case you can try and argue that the fact you have worked these days consistently for 3-4 years means they could have become an implied contractual term.

Whilst the argument of custom and practice can be raised with the employer in negotiations, they could of course refuse to accept it and if that is the case it can only realistically be challenged by taking this to an employment tribunal. Before that option is pursued it may also be worth raising a formal grievance to give the employer one last chance to resolve this internally.

However, if they refuse to accept this argument and you cannot resolve the issue internally, you either have to accept the situation or resign and make a claim for constructive dismissal in the employment tribunal.

I trust this has answered your query. Please take a second to leave a positive rating by selecting 3, 4 or 5 stars above - 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 reply on here and I will assist as best as I can. Thank you

Customer: replied 1 month ago.
Hi.
So due to my mum sickness and i am the person who take care of her is not a reason? She is a disabled person and the dr have told that she needs to have care. This evidence are not good enough?Thank you
Expert:  Ben Jones replied 1 month ago.

It is not an automatic reason, no. For example the employer does not HAVE TO give you this time off if you are looking after your mother. What you have to do is make a formal flexible working application to ask them to vary your working hours so that you are allowed certain time or days off or vary your hours,. But there is no guarantee that you will get it. More info on how to make this application here:

https://www.gov.uk/flexible-working

Expert:  Ben Jones replied 1 month ago.

Hello, I see you have read my response to your query. Could you please let me know if it has answered your original question? You can either reply on here with a quick ‘Yes, thanks’, or select 3, 4 or 5 stars on this page. I can still answer follow up questions if needed to clarify anything for you. Many thanks

Customer: replied 1 month ago.
thanks
Expert:  Ben Jones replied 1 month ago.

you are most welcome and all the best

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