Hello, my name is Ben and it is my pleasure to assist you with your question today. What would you ideally like to achieve in your situation?
Hello, my name is Ben and it is my pleasure to assist you with your question today.
Were you based closer to home when you initially took the job?
Once you clarify that I will consider the best options for you and get back to you later today, thanks
Hello Ben, no i have been an on-site Engineer for a number of years, and have been driving long distances regularly. However, due to my age i assume, i am starting to "feel it".
But, i was promised by a previous Program Manager that i would be moving close to home at the end of last year. But as it happens, change on our Management, and change of Customer Contracts, i was given no option but to continue doing this job 80 miles away from home.
Hello Harvey, many thanks for your patience. There are a few issues here which I can deal with separately.
First of all you need to ensure the employer is only asking you to as per your contract of employment. So if your hours, place of work, etc are different now that in your contract, then you need to raise this with them. This may especially be the case if you were only assigned to the current job temporarily and your old contract remains. You need to make sure that you do not continue on the new terms for too long without challenging them as it may eventually be implied that you have accepted them and challenging them could become more difficult.
The next issue is the maximum hours you could be asked to work per week. By law you may only be asked to work an average of 48 hours a week at most. This is calculated over a rolling 17-week period. Travel time to/from the workplace does not usually count as working time but if you are asked to travel to customers as part of your working day then you can argue that this is working time and would count towards your working hours when calculating how many you work in a week.
Finally, employers have certain duties under the Health and Safety at Work Act and under common law to take reasonable care to ensure the health, safety and welfare of their staff. This would also include preventing or reducing the causes of workplace stress. So if they are asking you to do all these extra hours and are generally treating you unfairly in that respect, they could be acting in breach.
In terms of taking this matter forward, you would initially be expected to raise a formal grievance in order to officially bring your concerns to the employer's attention and give them an opportunity to try and resolve them. If the issues are so bad that the employee can't even face raising a grievance, or if a grievance has been raised but has been unsuccessful, then you can consider resigning straight away and pursuing a constructive dismissal claim. It is not an easy claim though so give it some thought before deciding which way to go.
I hope this has answered your query. Please take a second to leave a positive rating, or if you are unhappy for some reason with the advice - please get back to me and I will assist further as best as I can. Thank you very much