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Haymaker
19-10-2010, 12:43 PM
I currently work casually in a pub while I am at uni and have been informed I have to work both halloween weekend (when I am supposed to be away for my dads birthday) and also that I have to work over christmas when I will obviously be at home again.

I believe that as someone with a contract that states no specific hours or shifts I am within my rights to decline work without penalty? As it is, I am not contacted about my shifts (I have just been in the check today what shifts I have been given for this week!) nor am I asked when I can work (with my University course I can have sudden trips away sprung upon me).

Can anyone help me know my rights as a casual staff member?

Pretty Boy
19-10-2010, 02:55 PM
Have you signed any sort of contract at all?

If you have check the wording in it. It will usually state that you are expected to work to meet the demands of the business as long as the request isn't unreasonable and adequate warning is given. In a pub i would say that being asked to work halloween and Christmas isn't unreasonable.

If you don't have a contract it becomes a bit more complicated.

Haymaker
19-10-2010, 03:46 PM
Have you signed any sort of contract at all?

If you have check the wording in it. It will usually state that you are expected to work to meet the demands of the business as long as the request isn't unreasonable and adequate warning is given. In a pub i would say that being asked to work halloween and Christmas isn't unreasonable.

If you don't have a contract it becomes a bit more complicated.

I do have a contract however i believe it doesnt state the above. Will double check

NYHibby
19-10-2010, 06:28 PM
I personally wouldn't want to go down this route with my employer if I liked working there and wanted to stay. I would find someone else who would be willing to work Halloween for you. I'm sure this kind of shift covering happens all the time at pubs.

H18sry
19-10-2010, 07:41 PM
What pub :greengrin

Haymaker
20-10-2010, 12:30 AM
I personally wouldn't want to go down this route with my employer if I liked working there and wanted to stay. I would find someone else who would be willing to work Halloween for you. I'm sure this kind of shift covering happens all the time at pubs.


It would if my manager replaced all the people who left when they finished their degrees this summer :grr:

Just Jimmy
20-10-2010, 11:59 AM
I get a list of the times and shifts my guys want or at the worst are able to cover and try and match up accordingly. I make sure they all get a fair rotation of friday and/or saturday nights off. As a result I normally have no probs getting them to work when it's busy.

If they can't work a shift they told me they'd do its their problem, I have no issues with them swapping shifts as long as they let me know so I know who to expect to turn up for the shift.

They all get on well and all do each other favours, I think very highly of my guys at the moment, and they are the best staff I've had at a pub for helping me, and each other with no bitchiness. They get plenty favours from me as a result.

Speak to your gaffer and tell them your situation, most pub managers understand what they get when they take on students, its about give and take, if you do favours then normally you get them back. Can you honestly, say you go out your way to help them? Failing that, do you understand that there is a business to run and that staff do have to accept at times that that will have to come first, you can't have it all your own way? My guys tend to work either Xmas eve or New year, very rarely both, and if they really can't then we come to an agreement that'll they'll do a favour at another time for one of the guys who do work them.

Haymaker
20-10-2010, 12:58 PM
I can honestly say I do favours for my boss, like coming in and covering for her when she wants to go home/ sit in the office talking to her boyfriend on the phone.

My problem being that I have said I wont be around for halloween or christmas since god knows when, I wasnt last year either and my boss seems to not wish to employ extra staff leaving her with just two student casual workers - which means I usually work friday and saturdays both per week with saturdays usually being 12 hour days because we are close to the football ground.

While I can appreciate that it is a business I hoped she could appreciate that I am a student and as it is coming to the end of the year I will be spending more time on my studies as I have deadlines to meet and unable to work. It would make more sense as a business to have some local casual staff on the payroll for the occasions when students tend to go home yes?

Future17
20-10-2010, 02:05 PM
I can honestly say I do favours for my boss, like coming in and covering for her when she wants to go home/ sit in the office talking to her boyfriend on the phone.

My problem being that I have said I wont be around for halloween or christmas since god knows when, I wasnt last year either and my boss seems to not wish to employ extra staff leaving her with just two student casual workers - which means I usually work friday and saturdays both per week with saturdays usually being 12 hour days because we are close to the football ground.

While I can appreciate that it is a business I hoped she could appreciate that I am a student and as it is coming to the end of the year I will be spending more time on my studies as I have deadlines to meet and unable to work. It would make more sense as a business to have some local casual staff on the payroll for the occasions when students tend to go home yes?




As has previously been stated, a lot depends on the wording of your contract. However, if the wording is ambiguous, most courts/tribunal findings I have reviewed recently give a lot of consideration to what has been the established pattern/routine of work.

Therefore if this
I have said I wont be around for halloween or christmas since god knows when, I wasnt last year either is true then it might be considered unreasonable to expect you to work it this year without prior discussion and agreement.

However, as WMMH has stated, first and best option is always to approach your employer with your concerns and try to come to some arrangement.

Just Jimmy
20-10-2010, 04:05 PM
I can honestly say I do favours for my boss, like coming in and covering for her when she wants to go home/ sit in the office talking to her boyfriend on the phone.

My problem being that I have said I wont be around for halloween or christmas since god knows when, I wasnt last year either and my boss seems to not wish to employ extra staff leaving her with just two student casual workers - which means I usually work friday and saturdays both per week with saturdays usually being 12 hour days because we are close to the football ground.

While I can appreciate that it is a business I hoped she could appreciate that I am a student and as it is coming to the end of the year I will be spending more time on my studies as I have deadlines to meet and unable to work. It would make more sense as a business to have some local casual staff on the payroll for the occasions when students tend to go home yes?




Agreed, and I was asking more to establish if your boss was being a dick etc, rather than having a go.

I have local folk, who are also students work for me as well. Some of my students stay in the city until the last minute as it's easier to keep a job than find one. I do expect they don't think they are getting away with buggering off home and leaving these guys to do the busy times all the time tho. However, if the understanding is there than I don't know why your boss is being stubborn about it.

If that's the favours you do her, it sound like she's taking the piss rather than being a good manager tbh. Go home early? Sit on the phone? hardly the pub life I know mate.

Haymaker
20-10-2010, 06:09 PM
Agreed, and I was asking more to establish if your boss was being a dick etc, rather than having a go.

I have local folk, who are also students work for me as well. Some of my students stay in the city until the last minute as it's easier to keep a job than find one. I do expect they don't think they are getting away with buggering off home and leaving these guys to do the busy times all the time tho. However, if the understanding is there than I don't know why your boss is being stubborn about it.

If that's the favours you do her, it sound like she's taking the piss rather than being a good manager tbh. Go home early? Sit on the phone? hardly the pub life I know mate.

No worries, I did say to my boss that i will only need 23-27th off for christmas and will work new year but apparently Im not allowed.

Anyways, I resigned this afternoon, to be honest I need to start working part-time/casual in a field that is near to my course at uni for the extra experience.

Cheers for all the help guys!