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Ben Jones
Ben Jones, UK Lawyer
Category: Law
Satisfied Customers: 72581
Experience:  Qualified Solicitor
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I put my notice in a month a go my days off have always been

Customer Question

I put my notice in a month a go my days off have always been the same each week for over 2 years so I thought they would be the same on my last week but the company have put me in to work on my days off I have emailed them and told them that I can do them 2 extra shifts and got told i would be breaking my contract they knew my partner is having surgery and need to be able to look after him for 48h can you help me
JA: Have you discussed the termination with a manager or HR? Or with a lawyer?
Customer: Manager
JA: What is your employment status? Are you an employee, freelancer, consultant or contractor? Do you belong to a union?
Customer: No I don't belong to a union I am employed as a health Support worker for inspire care
JA: Anything else you want the Lawyer to know before I connect you?
Customer: No thank you
Submitted: 13 days ago.
Category: Law
Expert:  Ben Jones replied 13 days ago.

Hello, I’m Ben. It’s my pleasure to assist you today. I may also ask for some preliminary information to help me determine the legal position.

Expert:  Ben Jones replied 13 days ago.

What is the policy about this in work?

Customer: replied 13 days ago.
I don't know my message should read that I told them I cant do the 2 extra days they said something about I work 3 shifts one week and 4 shifts the next week
Expert:  Ben Jones replied 13 days ago.

Thank you, ***** ***** is the arrangement about your working pattern and days off – I assume you have no fixed days of work and work shifts as and when decided by the employer?

Customer: replied 13 days ago.

I work one week Wednesday Thursday and Friday then the next week I work Monday Tuesday Saturday and Sunday

Expert:  Ben Jones replied 13 days ago.

But I mean these are not set in contract and can change if necessary?

Customer: replied 13 days ago.
Expert:  Ben Jones replied 13 days ago.

Ok thanks, ***** ***** primarily where the issue lies – you do not have guaranteed days of work, and in turn – no guaranteed days off. The fact that you have to submit a request for days off confirms this. Whilst you can try and argue that you have had the same working days for 2 years and they have practically become an implied contractual term, only an Employment Tribunal or court can decide if that is the case. Therefore, if that is the approach you take and have the days off anyway, it would depend on what the employer does – if they dismiss you, that is where you would be claiming for unfair dismissal and asking the Employment Tribunal to determine that the pattern had become a contractual one. So you either accept the employer’s position, or you take the time off anyway with the above risks.

Another option is to raise a formal grievance about it to try and resolver it before the time in question. You can get a detailed explanation of the grievance process here:

https://www.acas.org.uk/grievance-procedure-step-by-step

In summary, an employee is expected to submit their concerns in writing and send them to their line manager, or whoever is nominated as the person to send grievances to under an official workplace grievance policy.

The complaint should include details of what the grievance is about, any evidence that may exist which is relevant and also what the employee wants their employer to do about this issue.

Once the grievance has been submitted, the employer is expected to arrange a formal grievance hearing, inviting the employee to attend and discuss the nature of their complaint. The meeting is also as an opportunity to ask for further clarification or information, as required.

Following the meeting, the employer will take time to consider all the issues and evidence and then make a decision, communicating it to the employee. If the outcome is not to the complainant’s satisfaction, they can appeal and get a second opinion from a different person assigned by the employer to consider the appeal. Once the appeal is also completed, that brings to an end the formal grievance process and there is no option to escalate it further internally.

Expert:  Ben Jones replied 13 days ago.

Hopefully, I have answered your query in a way that is simple and easy to understand. If anything remains unclear, I will be more than happy to clarify it for you. In the meantime, thank you once again for using our services.