Workers rights

[Piccalilli]

I have question about my rights.

I'm contracted 36.5 hrs a week over 4 days Monday to Saturday.

In a different part its about 3 lines stating that i also do committed Sundays it doesn't say when or how many or the length off shift.

you also get paid time and quarter for a sunday.

You can't book a Sunday as Annual leave or be marked down as Sick.

There is also a procedure in place for when you do get a sunday and if your unavailable to work the sunday say i'm unavailable.

I'm getting pressured and harrassed into doing them. And also threated with further action.
Where do I stand on this matter from a legal point.
and also if it went to a tribunal.

[ULA]

In order for us to advise, you would need to post up the 2 relevant clauses - the one relating to your hours of work and the one relating to Sunday working. and details of the procedure for working a Sunday. Make sure you anonymise any personal details of you and the company.

Also can you confirm:

1. How long you have been employed
2. When did you start to be asked to work Sundays

[Piccalilli]

To answer your questions.

1. How long have you been employed?
April 2024.

2. When did you start to be asked to work on Sundays?
But you can work a Sunday whilst your training.
Around September 2024.

But I have never worked one, and there has never been a problem.
As long as I or anyone within the company followed the process.

That's is straight out off the contract.
7. HOURS OF DUTY You will be scheduled to work an average of 36 hours per week, Monday to Saturday, averaged across the roster cycle. When rostered to work on a Sunday, you are committed to doing so and will receive payment for the hours worked together with the Sunday supplement. The days of the week on which you may be required to work and the number of working hours within each working day may vary or be changed periodically, depending upon the agreed rostering at your home depot.

I am trying to find the other policy.

In this industry a Sunday is not classed as a working day.

I have proof that I follow the procedure because it's all email.

Also, after consulting with the trade union as well there saying there's nothing the company can do to you because Sundays are not classed as a working day because you can't be marked as sick or booked Annul leave. And no one has been fired or disciplined over it.

And they can't mark you as AWOL.

I don't now I'm not totally convinced.

As the company sending out AWOL.

I just want to know we're I stand.

[Piccalilli]

Also just to add if you was employed before 2015 you don't have to do Sunday's it's not in you contracted at all.

The company has 2 different contracts running side by side.

We do the same role we het paid the same.

[ULA]

Thank you for responding to my questions and your further posts.

Sunday is not automatically classed as a working day, but it can be depending on an employee’s contract and industry norms e.g. retail or betting shops.

The HOURS OF DUTY from your contract clearly states "When rostered to work on a Sunday, you are committed to doing so and will receive payment for the hours worked together with the Sunday supplement". You have agreed to this contract and therefore your employer can request you to work on a Sunday as part of your weekly roster with the associated payment being made.

A company can have two contracts running, whereby new employees joining the company from 2015 can be on different terms to those who joined prior to 2015.

The policy you have referred to would be useful to see.

[Piccalilli]

Hi

Thank you for your feedback.

In this industry sunday is not classed as a working day.

And you can see in the contact it states Monday to Saturday.

In this industry you can't book a Sunday off or go down as sick.

Also I have already done my contracted hours for the week.

Does this not matter?

so can they still make me do the Sunday?

With out seeing the other policy which im trying to find.

Would I have a leg to stand on if they tried to take it futher?

Thank you for your help.

[ULA]

There is no general legal rule that designates Sunday as a non-working day, it is determined by the specific arrangements agreed upon between the employer and employee. This contractual obligation may be a regular commitment or triggered by way of an occasional request. Either way, an employee working under such a contract must be ready to work weekends if requested. From what you have posted up, this provision to be available to work on a Sunday, is in your contract.

You can maybe try and argue that you have already worked your contracted hours if you have already done so in the preceding Mon-Sat. However, if at some stage your company rosters your 36 hours to include a Sunday then this is covered under the sentence. "The days of the week on which you may be required to work and the number of working hours within each working day may vary or be changed periodically, depending upon the agreed rostering at your home depot."