Q And A
Trouble with shifts: ask the expert
I have been having trouble getting my boss to give me the hours I need. I'm a manager working for a fast food restaurant. Several times I have asked to do morning shifts so my 1 year old can attend nursery, but she has given me 1-8 shifts every day Monday to Friday, so her dad, who works nights, has her from half 12 and my mum has her after work from 4. This is really not ideal as I hardly see her or put her to bed, and today I turned up for work and was sent home as I was unable to attend a training day this morning from 8.45 till 2.30 which I was informed about on Monday. As I was unable to attend I told my boss' assistant who told me she would let her know and didn't and so I was sent home today. I am really considering handing my notice in - me and her dad are separated. Would I be entitled to any benefit if I handed my notice in due to problems with childcare?
Answer by Laura Livingstone
Although you were notified of this on Monday, it sounds like it would have been very difficult to change your arrangements, and therefore there appears to be potential discrimination against your working part-time set hours.
I suggest that you put in a grievance regarding being sent home and not paid because you had turned up for work with the reasonable expectation of being paid.
You should point out that there is no contractual requirement to attend a training day and therefore it was not reasonable to not allow you to work and therefore be paid. You should raise a further point about the difficulty which your current shift working places on her home arrangements, especially since you and your husband are separated.
Laura Livingstone is an employment lawyer for Davenport Lyons in London. Her practice focuses on contentious and non-contentious employment work, but she leans towards the non-contentious. She has advised a wide variety of corporate clients in all areas of employment.
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