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[Dorothy]

Hi, I wondered if any MM ladies are experts on employment law and could advise me.  I am having a couple of issues with a new job which I moved to the other end of the country to do (couldn't find any work at home as there is very high unemployment there)

One minor niggle is that when I was interviewed and in my contract, I was told that I would be paid for an 8 hour day and my hours would be 8.15 to 5.  I assumed that the missing 45 minutes was my lunch break (which it has been in every other job) and I would be able to go home or bring a packed lunch.  On my first day, I discovered that it is actually the time from 8.15 to 9 which is unpaid and it is a team meeting/team building session (in practice, 5 minutes of comment from the boss followed by 40 minutes of sitting round doing nothing)  Our lunchbreak is paid, but we have to use the staff canteen.  Does anyone know if they can insist I turn up at 8.15 if I am not being paid?  It sounds trivial, but I am really struggling with meno symptoms and they are especially bad in the morning.  I am getting really nauseous and as our meetings take place in the canteen, I'm struggling not to throw up every day.

More seriously, I was told tonight just as I was leaving work, that instead of doing light manual work on site, for two days a week (starting next week!) I will be travelling to various sites around the city and doing much heavier manual work.  I really don't think I can cope with this as I am exhausted by my current job (I come home every night, eat and go to bed.  On my days off, I mostly sleep as I am so exhausted)  My contract has a line about 'you may also be asked to carry out other duties in keeping with your job description'.  Does anyone know how much they can change your duties before it is NOT in keeping with your job description?  I would be working in the same sector, but going from doing light work at one location with hand tools to heavy work at several locations (to which I would have to drive a van - something I have never done before and don't want to do as driving scares me!) with power machinery.

I've only been here a few months, haven't had my 6-month review yet, and I am a day's travel from any friend or relative I could talk this through with, so feeling really vulnerable.  If anyone has any advice, I would be grateful.

[CLKD]

By Law you have to be given a Contract of Employment within 13 weeks of beginning a new Job.  I would be headed towards the person who interviewed me, "I'm a little confused as I thought I was being employed to do A, B, C but it seems ....... "  Your Contract should state which hours you are expected to work i.e. starting and finishing. Also Companies can choose when employees have their holidays so can insist that certain Holidays etc. are covered.

Our NHS Contracts stated 'ad hoc' duties, which meant that apart from performing operations, we could be sent to any Dept. but our typing was expected to be kept up to date!  Have you kept a copy of the Job Application Form, maybe visit the Job Centre and ask or did you go through an Agency?

[Dorothy]

They advertised the job themselves and I didn't keep the job application - tbh, I never thought I'd get the job as I lived so far away (and didn't want to move so far either!) but was applying for anything remotely possible in desperation by that point.

I was given a contract in my first week.  Regarding the work hours, it just states that my work starts at 0815 and ends at 1700 and that I will be paid 8 hours a day.  I remember someone telling me a few years ago that if your lunchbreak is unpaid, your employer can't dictate what you do with it (their employer had tried to make them stay onsite during their lunchbreak, but they successfully argued that as the employer wasn't paying them during that hour, they could not dictate what their staff did during that time)  I don't know if that is still true or if it also applies when the 'unpaid' bit is at the start of the day.  My contract also lists my duties and has the line about 'other duties in keeping with...' but I don't feel they are in keeping with my job description!  They are basically setting up a new business as an off-shoot of the existing one, same sector but different type of work.

The people who interviewed me are the ones who are wanting to make all the changes, so I will be speaking with them tomorrow.  Am just trying to find out where I stand legally so I am better informed for arguing my corner.  Just finding it all so stressful as at the moment, my symptoms are so bad it's a struggle just to cope with day to day life, so this on top is the final straw.

[CLKD]

Of course it is stressful.  Go armed with your queries - explain to them that you are not comfortable altering your working placement so soon as this appears to be outside your Interview discussions and Contract of Employment.  Also no one is allowed to do 'heavy lifting' without being fully trained, there are correct ways to lift and one is only allowed to lift certain weights after which a fork-lift truck will be required! 

Maybe visit a Job Centre (do they still exist?) to see what the advice is.  Is there a Union on site? or are they after getting rid of you, i.e. if you refuse will you lose your Job, that may be the first question to ask!


Many years ago I was suddenly told that I would have to move offices 'off site' and it took weeks to find out the reason: because plans were afoot to demolish my Office to build new Labs.,  I negotiated a Company Car during those 18 months as the journey was a 25 mile round trip.  The Company kind of thought that being told to work somewhere else was easy peeeasy but nope, it took 2 large removal vans to shift 'stuff'  .

Some HR's simply don't have the person skills to explain properly, you may find it's quite innocent!

[CLKD]

How did you get on?

[Dorothy]

Had a conversation with my line manager expressing my concern and was told that I won't have to do any heavy work, other staff will do that, and that at present, it would be for a maximum one day a week and if it doesn't work out, they will think again.  They would like me to try to see how it goes.  Also, it won't  be as soon as next Tuesday.  Not entirely happy with this, but will give it a go and see what happens - don't feel I can be too pushy as I haven't even had my 6 month review yet and don't want to end up jobless & homeless hours from anyone I know! 

Meanwhile, I am going to save as hard as I can so that I can afford to move and hope that one day I can find a job back home again!

[CLKD]

In the mean time, do speak to Citizens Advice or a Job Centre for details of whether this is legal or not.

   were you enjoying the job until this?

[Dorothy]

No, I haven't really enjoyed the job from the start, they are not great employers, but at least it's a job and means I'm not homeless or starving!

Thanks for your suggestions re Citizens Advice - will see if I can get some information on the legality of the position

[CLKD]

I wonder whether there is an e-mail facility at CA to ask the question Dorothy? 

[nearly50]

I wonder whether there is an e-mail facility at CA to ask the question Dorothy?

There should be a webchat service available, and this is the section on employment rights (if you're in England)
https://www.citizensadvice.org.uk/work/rights-at-work/

I trained to be a counsellor but then peri hit and it was all too much. Our training on how to deal with suicidal callers made me realise I couldn't do it, but I do hope to go back to it at some point.