My contract says I should be in workplace two days per week – however my boss is pushing me to come back in additional
Every Monday we put your monetary dilemmas or shopper disputes to trade consultants. You can learn how to submit yours on the backside of this publish.
This week, Sky News reader Steve asks…
“My work contract says I should be within the workplace two days per week. However, my supervisor pushes me to come back in 4 occasions at the least, generally 5 days. Is this allowed? Should I be getting paid extra for this?”
Philip Landau, employment lawyer at Landau Law, says this…
The start line is to double verify your contract of employment to verify that there isn’t a flexibility to your employer to extend the variety of work days within the workplace.
Quite usually, a contract will present for a set variety of days to be labored at home, however reserve the correct for this to be amended at an employer’s discretion.
In addition, some contracts will present for an employer to make normal adjustments to your phrases of engagement to replicate the business wants.
Even with such a clause, nonetheless, this doesn’t give them carte blanche to do what they like.
They would nonetheless have to point out it was “affordable” to invoke such a clause, and this may usually come right down to necessities of the business.
If they cannot present this, then you’re on stronger grounds to withstand any change.
Your strongest position shall be the place your employment contract unequivocally states that you don’t want to be within the workplace for greater than two days per week.
It just isn’t seemingly you’re entitled to be paid extra for coming into the workplace 4 or 5 days per week, as you’ll nonetheless be working the identical variety of hours, albeit in a distinct location.
You all the time have the correct to lodge a grievance at any time, and you might select to take this formal step if issues can’t be resolved.
This is normally a easy course of. You have to set out in writing why you suppose you’ve gotten been unfairly handled and ensure that it’s a formal grievance you want to make. Many corporations have a coverage which units out who to ship the grievance to, and that is usually somebody in HR.
Most employers take grievances very significantly, and it ought to be correctly investigated. You even have the correct to attraction any choice.
If you select to attraction you may be given a set time to take action – that is normally as much as 5 days. You would want to clarify in writing why you don’t agree with the unique grievance choice. An attraction ought to be heard by a distinct and extra senior supervisor the place that is potential.
If you’re nonetheless not pleased after the grievance consequence and attraction, there may be all the time the potential for making a declare to the tribunal for constructive dismissal. This is the place you would want to resign on the premise that there was a breach of mutual belief and confidence between the events.
If the worker did want to then concern tribunal proceedings, the method ought to be commenced by lodging the declare with ACAS (the Advisory, Conciliation and Arbitration Service) underneath their early conciliation interval no later than three months much less someday from the final day of employment.
Before taking this step, nonetheless, if a call has already been made to depart employment, it is much better to attempt to negotiate an amicable exit, which is able to embody a lump sum package deal and agreed reference.
This ought to take place on a “with out prejudice” (off the report) foundation, ideally earlier than you resign. Such an strategy would even be extra more likely to protect amicability between the events, moderately than the extra contentious tribunal route.
This function just isn’t meant as monetary recommendation – the purpose is to provide an outline of the issues you must take into consideration. Submit your dilemma or shopper dispute, leaving your title and the place within the nation you’re, within the type above or by emailing [email protected] with the topic line “Money weblog”. Alternatively, WhatsApp us right here.
