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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 48539
Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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My partner and I are currently managing a holiday park. We

Customer Question

Hi my partner and I are currently managing a holiday park. We love the work but it is causing us a lot of stress with the hours we are doing we work 24hrs a day ( on call at night ) 6.5 days a week between April and November then 5 days a week in the winter. We have tried talking to our employers but falls on deaf ears. Surely it is not right to expect someone to be working all these hours. It feels like a prison sentence.
Submitted: 21 days ago.
Category: Law
Expert:  Ben Jones replied 21 days ago.

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

Expert:  Ben Jones replied 21 days ago.

How long have you worked there for?

Please note I am just leaving the office so will reply later on today once home, thanks

Customer: replied 21 days ago.
2 years now
Customer: replied 21 days ago.
In winter we still have to be here at night . Also our one day off in summer we have to be back by 5pm. We have no time to switch off at all
Expert:  Ben Jones replied 21 days ago.

Many thanks for your patience. Generally workers have the right not to be asked to work for more than 48 hours a week on average, although the question is what amounts to working time. Obviously time when you are undertaking tasks will be working time and will count towards this but sleep ins when on call whilst asleep is still a grey area and it will depend on the specific circumstances. As such, only a court can decide if this time qualifies in your case.

In any event, it does appear that you are being treated unreasonably as you are basically continuously expected to be on site for all this time and are extremely limited in what you can do in your spare time.

The main issue is that you cannot force the employer to treat you better and the legal protection you get is in terms of being compensated if you are forced to leave as a result of this. So in effect you have to try and resolve this with them internally, such as through the grievance procedure where you raise a formal internal grievance (complaint)with them. However, if that does not resolve matters and you believe that as a result of this treatment you cannot continue working there any longer, then your only realistic option is to resign and then pursue them for constructive dismissal in the employment tribunal.

Please take a quick second to leave a positive rating for the service so far by selecting 3, 4 or 5 stars above. I can continue answering follow up questions and in particular can also discuss the steps you need to follow to take this further for constructive dismissal. There is no extra cost for this - leaving your rating now will not close the question and means we can still continue this discussion. Thank you

Expert:  Ben Jones replied 20 days ago.

Hello, I see you have read my response to your query. Please let me know if this has answered your original question and if you need me to discuss the next steps in more detail? In the meantime please take a quick second to leave a positive rating by selecting 3, 4 or 5 stars above. The question will not close and I can continue with my advice as discussed. Thank you

Expert:  Ben Jones replied 19 days ago.

Hello, not sure if you are having trouble seeing my posts? Do you need any further assistance or are you happy with the response to your query? I look forward to hearing from you. Thanks