Working until late the day before my time off

[MG359]

Hello all,

I'd like some input on working hours please. My role is very flexible and I work whenever it's required, including weekends. I do not have a designated "day off".

My employer has always said that if we need an untouchable day off we have to book proper time off (i.e. annual leave).

I have booked annual leave in December from a Saturday for a couple of weeks. This has now been approved.

My employer would like me to work until late the day before my day off. As a consequence I won't be able to be home before early in the morning (or even later if I book a hotel and return in the morning) on my day off. I find this unacceptable. I am flexible with my role all year and I expect to be able to enjoy my time off 100%.

My employer once stated that time off "begins at midnight". I'd like to challenge them and request that I am HOME (and not 200 miles from it) by midnight when my time off begins.

Is that a reasonable request on my end?

Thank you all for your help!

MG

[ULA]

Before I can assist with your question, I need some clarification on the following:

When you say that "My role is very flexible and I work whenever it's required," what type of contract are you on?

Does the contract state any hours of work?

When you say "My employer once stated that time off "begins at midnight"." Is this in your contract or set out in a company policy?

Many thanks.

[MG359]

Thanks for your reply. Good opportunity to actually check what I signed for.

Surprisingly, my contract states

==========
"Your basic working hours of work are 37.5 hours per week. Normal working hours are Monday to Friday 8.30am to 4.30pm including a 30 minute unpaid lunch break."
"You might also be required to work additional hours by way of overtime either as and when requested to do so by the company or when the proper performance of your work so requires"
=========

I do not see "midnight" here indeed. There is no other mention of flexibility but (LOL) I do NOT work 8.30 to 4.30! I work whenever is required, bank holidays, weekends, overnight, whenever. Sometimes with little to no notice. As said, weekends are also considered "work". I am regularly scheduled to work at weekends and I am told that that is normal and if I want to be off I have to request that in advance (or, better, book time off).

The company's handbook also does not mention any specific timing for the beginning of time off.

Thanks again for your help, it is very much appreciated.

[dslippy]

Your working hours do not include time taken travelling to and from work.

[MG359]

Interesting, thanks. "Work" is the office where I am based I guess, which is in London and it's mentioned on my contract.

I won't be at the office on that day (I never go to the office unless required to). So how does that calculate? What if I am working abroad (which is a big chunk of my role)?

And even if I were at the office, does that mean they can make me work until midnight in the office on that day?

Thank you!

[ULA]

If nothing else this issue has brought to light the hours that you should actually be working, just as an observation if you are continually working in excess of these, by which I mean over a 17-week period you are on average working more than 48 hours per week? If so, then have you opted out of the 48 hour Working Time Regulations (WTR)? Also if you work more than 37.5 hours does any of this get paid as overtime the extract of your contract on post #3 does not state whether this is paid or not although it may clarify this later in your contract. Something for you to have a look at.

Going by your contract then on the last day you work before having time off then your day finishes at 4.30pm on the Friday before starting your holiday on the Sat.

Picking up on dslippy's point you say that "Work" is the office where I am based I guess.." again your contract should say where you are based if it is a fixed location or if you are deemed to be a mobile worker. It would be worth checking and then letting us know.

[MG359]

Thanks ULA.

I do not get overtime and that is in the contract, so that is ok. When it comes to hours, while I was aware it was going to be a demanding role, I was never told that I would basically be "on call" 24/7/365 (holidays excluded). Thank you for the pointers about the time though. Clearly HR did not redact an appropriate contract and maybe I can use it to my advantage if my employer becomes unreasonable.

Finally, "work" is indeed in London, I am not remote.

Amazing about the working hours. That's really going to help, gives me ammunition. I am totally ok to start my time off at 4.30pm in London!

Question: What if my employer says that 4.30pm to midnight qualifies as overtime? Or maybe that cannot be done as after 4.30pm I'll be on holiday so they would actually asking me to work during my time off?

Thanks again for your time, appreciated.

[ULA]

It does appear that the contract you were provided when you joined the company (not sure when that was) does not really fit the work schedule that you appear to be undertaking on a regular basis.

I would certainly say that at some point there may need to be a discussion about this but if you are happy with the arrangements then that is down to you if and when you have that conversation with your manager/HR.

In respect of the day before your holiday then if your employer puts some pressure on you, then you may want to bring up your contractual working hours and remind them of your flexibility and that in respect of the Fri before you start your holiday, you would like to complete this day at a reasonable time.

Hope that helps but if you have any more questions or further issues on this matter, or on your contract and working arrangements generally, then please come back to this thread.