Blackmail from manager

[mwesty1]

Hi guys,

i have an issue at work and wondered if anyone could help me. I have spoken to someone about discrimination and they advised that although un-fair and sounded like blackmail it did not come under actual discrimination.

I have worked for my company (well known white goods supplier) for 3 years. I have had a 10 hour contract for that whole time and agreed that would always be worked on a friday. In the 3 years l have been there the very least l have worked has been 60 hours a month and sometimes as much as 200 hours. My daughter has arrived 5 weeks ago so l need to only do work when l can, l have told them l will carry on as per usual and always work my friday every week but would like to still do extra hours when l can. The response l have now got is we do not want to give you any hours unless you work every other weekend!! If you do work every other weekend l can work whatever days l like but if l refuse not too then the only hours they want me will be friday. they know that l need the extra hours but cannot commit to weekends so is this blackmail to get me to work weekends?? the fact l can work 7 days a week if l agree or nothing if l dont just seems to be very unfair. Anyone have any advice?? my contract is employed by the company not self employed

Mike

[Caspar]

Re: Blackmail from manager

I have sent a pm to someone who should hopefully be able to help you with this.

[mwesty1]

Re: Blackmail from manager

thank you much appreciated


Mike

[teaboy2]

Re: Blackmail from manager

Hi Mike - Casper asked me to pop in and help.

If your contracted for just 10 hours per week but the least amout of hours you have worked per month is 60 hours per month in the last 3 year period, then the least amount of hours you are contracted to as a result of working 60 hours per month is now deemed 60 hours per month and not 40hrs (10hrs p/week). I can not remember the exact legalislation that covers it, but let me sleep on it and find it hopefully tomorrow if no one else has been able to provide it.

Also as a knew father if you were earning an average of £102 (before tax and NI deducted) per week then you are entitled to paid paternity leave after the birth of the child.

You also have the rights under the following too

Flexible working

Flexible working is a phrase that describes any working pattern adapted to suit your needs. It includes things like part-time working, flexitime and homeworking.
Once you have or expect to have parental responsibility for the child, and if the child is under 17 (18 if the child has a disability), you have the right to ask your employer for a flexible working pattern to help you care for them. Your employer has a duty to seriously consider your request to change your working pattern when you go back to work.
Find out more about your flexible working rights

Parental leave

The right to parental leave gives employees who have completed one year's continuous service with their employer the right to up to 13 weeks' unpaid parental leave to care for their child. Parents of children with disabilities can take 18 weeks' parental leave up to their child's eighteenth birthday.
Read more about Parental leave
Time off for dependants

You have the right to take reasonable time off to deal with family emergencies, such as your childminder being taken ill and unable to care for your child. Your employer does not have to pay you for this time.
More information about time off for dependants
Other benefits

There are a number of additional benefits available to people who are bringing up children, these include money for a Child Trust Fund, Child Benefit, free prescriptions and dental treatment, and Tax Credits.Whether you qualify for these benefits will depend on your personal situation.
Factsheets on benefits for those expecting or bringing up childrenMore about Child Trust FundsHow to find out if you qualify for benefits

Note if they refuse a request for flexiable working hours, then you should issue a grievance to the HR department or the higher management explaining the issue to them. At let us know everything they do and say and everything that is put in writing to you, because there is now a statutory (law) disciplinary and grievance procedure that employers must now follow, if they do not, then its take them to tribunal.

However as things stands in regards to discrimination, well only sexual, racial or disability discrimination applies and you will have a hard job proving it is sexual discrimination. As for black mail, well that is not black mail either, the employer is entitled to give you what hours are available, though they MUST make serious consideration to any request for fexiable working, and i thing you should follow the flexiable working angle, plus if you were earning more than 102 a week you should demand your 2 weeks paid paternity leave if you have not already had it. If they refuse either let me know and we will progress the matter to the next level by turning the heat up on them, so to speak.

Heres a link that has further information for you on your rights for paternity leave and fexible working:

Ordinary Paternity Leave : Directgov - Parents

Flexible working : Directgov - Employment

One more question, how much were you being paid an hour?

[teaboy2]

Re: Blackmail from manager

Just thought that since Mike has not done so himself yet, that i would let you know that Mike did have a meeting with his employers and they admitted his contract did not cover working weekends and they have given him his overtime during the week. Which Mike says makes him better off than what he was before, which is an great result.

[labman]

Re: Blackmail from manager

Excellent result - Beagles at its best again!

[teaboy2]

Re: Blackmail from manager

well we are just to good for the rogue or misguided employers out there lol.