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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46776
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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I work a 12 night shift on average of 4/6nights a week.I have

Customer Question

I work a 12 night shift on average of 4/6nights a week.I have done this for over 4 years and enjoy it..I normally go to bed when I finish work @ about 06.00 hrs.and get up when I wake usually about 11.00.then go back to bed again @13.30 ish..last week my ops manager woke me up at 15.25...I wasn't very pleased and told her that..her reply to me was Well most people on nights are normaly awake at this time as a result of this I could not get back to sleep.surely my sleep pattern has nothing to do with her..my sleep time should be respected..I was deprived of 2hrs sleep before my next night shift...to rub salt into the wounds she has made a complaint against me..for my attitude against her.can you give me some advice please.David Oliver.

Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones :

Hello, my name is ***** ***** it is my pleasure to assist you with your question today. Is your employer aware of your sleep pattern?

JACUSTOMER-74wkvj8v- :

No not really but sometimes nor do I.I arrange my sleep around my personal life.this particular day my wife had to go to the doctors as she had an op.2 days previous so I was a bit hit and miss..I'm not on call..am I expected to draw up a roster the hours I sleep in my personal time?? surely common sense prevails..

Ben Jones :

Hi sorry I was offline by the time you had replied yesterday. It is not unlawful for the employer to contact you whilst you are not at work. Even if you worked ‘normal’ hours and the employer called you in the middle of the night, it would not be unlawful, although if it becomes a common occurrence then you would potentially be able to take it further. They may not have specifically known at what time you sleep and in their experience most other workers may be awake by then so they have just acted on their own assumptions and experience. You would have to specifically tell them that yopu are sleeping at these times and request that you are not contacted for their actions to have any negative effect from a more formal perspective.

So an isolated incident is not something which you will have much legal power to do anything about. You are of course able to submit a complaint to your employer about it, even as far as raising a formal grievance with them, but that is about it – you cannot really take any other formal action at this stage. However, if the employer’s actions become unreasonable in a sense that they are persistently contacting you at hours when you have asked them not to then it could amount to harassment or a breach of trust and confidence, but at this time it is just an isolated incident which can only be resolved directly with them.

Hope this clarifies your position? If you could please let me know that would be great, thank you

JACUSTOMER-74wkvj8v- :

I would like a reply to my answer..I've had reply re grievance from my company I work for and they are arranging a grievance meeting....I understand I'm allowed a rep.iI wish to use my sister in law as my friend..she

Ben Jones :

if you have already raised a grievance then you can expect the employer to arrange a grievance hearing for you. You are entitled to be accompanied at that meeting but only by a trade union official or a colleague. You cannot use friends or family as your companion

JACUSTOMER-74wkvj8v- :

Thank you for your advice..not really happy with result.seem that employers can do what they like..I have taken my phone no. Off their records as it is reg.in my wifes name..and told them if they need to contact me they do it by e mail or post

Ben Jones :

That is certainly one way to deal with it, if they do not have a number for you then they won't be able to contact you

JACUSTOMER-74wkvj8v- :

Thanx again you,v really answered what I already know..the person I have grievance with is away over Xmas and not back till 5th Jan 2015......I'm on holiday from 6th Jan for 2 weeks.is there a time limit on grievance..

Ben Jones :

No there isn't, if you have submitted it and the people that are involved are not available due to holidays it simply means it will be delayed until they are available, it will not impact on anything

Ben Jones :

Does this clarify your position please?

Ben Jones :

Are you having trouble rating?

JACUSTOMER-74wkvj8v- :

When I have my meeting ,I will not feel comfortable..they will have their prof. Top knobs! And me and a work colleague...why can't I have my sister in law,who is a doctor of physcology.plus many other doctorate qualifycations it ...will be bit one sided...

Ben Jones :

Because the law only allows you to bring a trade union official or a colleague with you. This is a right under the Employment Relations Act. I am afraid that the law simply does not allow you to bring in anyone else apart from one of these two

Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 46776
Experience: Qualified Solicitor - Please start your question with 'For Ben Jones'
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