Tweet
Hi,
Hopefully someone can offer some advice on the law regarding opting out of Sunday work. I will give as much detail as I can but please ask for more if needed.
I work in a bathroom showroom and have done since May 2012 on a 40hr a week contract. This is a large national company, however I work for one of the few franchises in the company so I am employed by the franchisee. The Franchisee is very active in the business, there is an Assistant Manager on 40hrs(although this is by title only, the franchisee would not dream of giving any amount of control to anyone!) then myself on 40hrs and a part timer on 3 days a week.
I would say we work to the bare minimum staff we can, with the store opening 7 days a week - Monday to Friday is 9.30-18.00 Saturday is 9.00-5/6 Sundays and Bank holidays 11.00-16.00. Usually the rota would be done a month or so in advance, and although my days off aren't set in stone as such, I have basically had every Sunday and Thursday off during this time, apart from holiday cover/bank holidays things of that nature.
My wife and I recently had a child, and she goes back to work in September as an intensive care nurse. With my usual shifts in mind she managed to negotiate working Friday and Saturday nights 8pm-8.30am. This meant that Gran'ma would look after the little one on Saturday day while mum rests, and I would have her on Sunday.
Without going into too much detail my boss is not liked or trusted by his staff at all, the part timer hasn't had a payrise in 8 years(!) and has been told outright it is personal that this is the case! With this in mind I thought I would take it upon myself to hand in a flexible working request (https://www.gov.uk/flexible-working/overview) so that there was written evidence of what I was asking for, which was as follows:
1) Sundays as a fixed day off 2) Saturdays to start at 10 and finish at 6 as opposed to start 9 finish 5 3) 1 Saturday in 4 off.
This would be the perfect outcome, but knowing my boss and that he wouldn't like this I figured he would say no to the last two but yes to Sundays, especially as I work more Saturdays than anyone, even him so not like I don't work my share of a weekend.
This was 2 months ago and the flexible working form gives him 3 months to respond with his decision in writing. Today he told me he wouldn't be agreeing to any of my requests, and I told him to put this in writing. As far as I understand I can appeal this, but I guess as business owner this would be to him, so figure this route is pointlessly wasting time.
Now the only essential thing is I don't work Sundays.
Previously with another large computer retailer that I felt wasn't treating me fairly I handed in my Sunday opt out form. I was told that while fine, they didn't have to find me those hours elsewhere so I could effectively lose a shift. I took a gamble as one of the top salesmen they wouldn't do this, and sure enough they didn't. Now though, I have a child this scares me a little.
My contract doesn't say about the right to opt out, so I gather I can give just a months notice, what it does say is:
'Your normal hours of work are 40 per week across Monday to Sunday unless specified otherwise by your manager. Your working pattern will be confirmed by your manager when you start. Please note however, that you will be required to work such additional hours as may be necessary ti carry out your duties fully and effectively for which you will receive no additional payment.
The company reserves the right to vary your normal hours of work at it's discretion top meet business needs'
So, if you have stayed with this this long (I thank you!) I get to my questions!
1) If I opt out, as I assume I can(?), can my hours be cut even though I currently work very few Sundays?
2) Can my hours be varied to a position I can't afford to stay with the company?
3) Before this should I be looking at taking the flexible working option further, or is there any other routes?
I should say I am the top salesman again, however with the caveat that my boss now would DEFINITELY cut off his nose to spite his face if the option arose!
So many thanks in advance,
motorheadache84
Hopefully someone can offer some advice on the law regarding opting out of Sunday work. I will give as much detail as I can but please ask for more if needed.
I work in a bathroom showroom and have done since May 2012 on a 40hr a week contract. This is a large national company, however I work for one of the few franchises in the company so I am employed by the franchisee. The Franchisee is very active in the business, there is an Assistant Manager on 40hrs(although this is by title only, the franchisee would not dream of giving any amount of control to anyone!) then myself on 40hrs and a part timer on 3 days a week.
I would say we work to the bare minimum staff we can, with the store opening 7 days a week - Monday to Friday is 9.30-18.00 Saturday is 9.00-5/6 Sundays and Bank holidays 11.00-16.00. Usually the rota would be done a month or so in advance, and although my days off aren't set in stone as such, I have basically had every Sunday and Thursday off during this time, apart from holiday cover/bank holidays things of that nature.
My wife and I recently had a child, and she goes back to work in September as an intensive care nurse. With my usual shifts in mind she managed to negotiate working Friday and Saturday nights 8pm-8.30am. This meant that Gran'ma would look after the little one on Saturday day while mum rests, and I would have her on Sunday.
Without going into too much detail my boss is not liked or trusted by his staff at all, the part timer hasn't had a payrise in 8 years(!) and has been told outright it is personal that this is the case! With this in mind I thought I would take it upon myself to hand in a flexible working request (https://www.gov.uk/flexible-working/overview) so that there was written evidence of what I was asking for, which was as follows:
1) Sundays as a fixed day off 2) Saturdays to start at 10 and finish at 6 as opposed to start 9 finish 5 3) 1 Saturday in 4 off.
This would be the perfect outcome, but knowing my boss and that he wouldn't like this I figured he would say no to the last two but yes to Sundays, especially as I work more Saturdays than anyone, even him so not like I don't work my share of a weekend.
This was 2 months ago and the flexible working form gives him 3 months to respond with his decision in writing. Today he told me he wouldn't be agreeing to any of my requests, and I told him to put this in writing. As far as I understand I can appeal this, but I guess as business owner this would be to him, so figure this route is pointlessly wasting time.
Now the only essential thing is I don't work Sundays.
Previously with another large computer retailer that I felt wasn't treating me fairly I handed in my Sunday opt out form. I was told that while fine, they didn't have to find me those hours elsewhere so I could effectively lose a shift. I took a gamble as one of the top salesmen they wouldn't do this, and sure enough they didn't. Now though, I have a child this scares me a little.
My contract doesn't say about the right to opt out, so I gather I can give just a months notice, what it does say is:
'Your normal hours of work are 40 per week across Monday to Sunday unless specified otherwise by your manager. Your working pattern will be confirmed by your manager when you start. Please note however, that you will be required to work such additional hours as may be necessary ti carry out your duties fully and effectively for which you will receive no additional payment.
The company reserves the right to vary your normal hours of work at it's discretion top meet business needs'
So, if you have stayed with this this long (I thank you!) I get to my questions!
1) If I opt out, as I assume I can(?), can my hours be cut even though I currently work very few Sundays?
2) Can my hours be varied to a position I can't afford to stay with the company?
3) Before this should I be looking at taking the flexible working option further, or is there any other routes?
I should say I am the top salesman again, however with the caveat that my boss now would DEFINITELY cut off his nose to spite his face if the option arose!
So many thanks in advance,
motorheadache84
Comment