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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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I turned up yesterday and part way through my

Resolved Question:

Hi, I turned up for work yesterday and part way through my shift I noticed my shift had been tippexed over and 2 hours added. I was unable to do this as I had plans to meet a friend directly after work. I rang my employer and explained and they shouted at me saying I was not helping the company and questioning my flexibility. I responded by saying that was unfair as over the last few months I have gone from working 16hrs a week to consistently working 25+. I have stopped on with only 5 minutes notice, given up days off and even been rang at 4:50am to be in at 6am. Her response was 'I'm not going to kiss your arse'. I said that there was no need to speak to me like that and explained I was defending myself against her comment. Can she treat me like this? I understand I am going to be wanted to cover on short notice but I probably have covered 98% of the shifts they have asked me to do. Many thanks Su
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Su my name is ***** ***** I am happy to help you today. How long have you worked there for?
Customer: replied 1 year ago.
Hi Jenny, I have been there a year and a half.
Expert:  Jenny replied 1 year ago.
Ok thanks Su what does your contract say about your hours of work?
Customer: replied 1 year ago.
It says 16+ and may be asked to work extra to necessitate the business. It does not specify amount of notice to be given for this. When I said to her if she had let me know the night before it would have been fine she tried to say I wouldn't have done it. Every week our Rita is supposed to go up in a Friday for the Monday onwards but most weeks I am texted late afternoon/evening to tell me my shifts for the next day.
Expert:  Jenny replied 1 year ago.
Can I ask what makes the short notice so difficult for you, is it due to any responsibilities outside of work?
Customer: replied 1 year ago.
I normally don't have an issue it was just I had arranged to meet someone and I had previously already cancelled 2 times before due to covering hours at late notice.
Customer: replied 1 year ago.
I do have a 7 year old son so said no to a shift many months ago because I had no child care as I wasn't expecting to work
Customer: replied 1 year ago.
Can I add that other staff on the same contract as me are not asked short notice and make it very clear they won't work extra hours and are never challenged on this.
Expert:  Jenny replied 1 year ago.
Ok understood, it is really unfair that your employer is doing this. The problem for you is that with less than 2 years of employment you have very limited rights. This means that if you fail to do the hours (even at short notice) you could be dismissed by your employer and you would not have any recourse. The fact that you have childcare responsibilities does assist you though as you can argue that any action taken against you amounts to indirect discrimination on the grounds of your sex (more likely to be a woman with childcare difficulties than a man). In addition it is unfair for your employer to speak to you like she did and you could say it is causing you stress and amounts to a breach of the duty to care for your health and safety. You can tell her that you need at least 24 hours notice of altered shift patterns because of your childcare patterns, if she takes action against you because of this you can bring a claim of discrimination under the Equality Act. If you have any further questions please do ask. If I have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best
Customer: replied 1 year ago.
Thank you. I guessed as much. Shame employers can treat people this way. How about not expecting the same from the others?
Expert:  Jenny replied 1 year ago.
That's where it is potentially discriminatory. If you have less than 2 years employment though unless it can be argued its on the grounds of your sex or childcare responsibilities that makes it more difficult for you there is little you can do about it.
Expert:  Jenny replied 1 year ago.
Hello is there anything further you would like to know?
Customer: replied 1 year ago.
That's great thank you. Sorry for delay in replying I had to go to work.
Expert:  Jenny replied 1 year ago.
No problem, I would be grateful though if you would rate my answer as I am not otherwise paid for the time I have spent answering your question.
I really hope you can sort this out and do come back to me in the future if you need to.
Customer: replied 1 year ago.
I'm so sorry. I didn't realise how it worked. I will rate it now. Many thanks.
Expert:  Jenny replied 1 year ago.
Thank you!
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience: Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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