Legal Questions and Answers by
Jonathan Stones of John Barkers
Question :-
My boss closed the shop where I work part time on the morning of the Queen Mother's funeral, which seemed a very nice gesture of respect. However, he later announced that I would have to come in on the Friday, which is not a day that I usually work, to make up my hours.
I was not consulted about the decision to close, which was made just the day before the funeral. I feel very angry about the situation, particularly as I have on many occasions helped him out when there have been problems with sickness or holidays.
Making grand gestures is very well when it is other people who are being inconvenienced by them.
Is there anything I could have done?
Answer :-
The key issue is whether or not you working hours and days are specified in your contract of employment and also whether or not there is a clause in your contract which gives your employer the right to vary your normal hours should the need arise.
If your contract specifies for example that you work 9 am - 5pm on Monday, Tuesday and Wednesday then his decision to close the shop on that Tuesday morning basically has the effect of giving you a half-day's holiday and he is not entitled to ask you to come in on the Friday to make up your hours.
I assume that you did in fact work the Friday. He has broken the terms of your contract and therefore you are entitled to be compensated. So you should seek a satisfactory additional payment or time off in lieu.
If he has the right to vary your hours, then there isn't a great deal that you can do beyond going in and attempting to negotiate with him. It may be that as you have co-operated with him on other occasions - covering for absent colleagues - you will be able to get him to see your point of view.
It may be difficult to do but, as they say: 'If you don't ask, you don't get.' At the very least, you are not going to be seething about being treated like a doormat.
If this is more than a one-off and you are really unhappy about working for this business, then look around for a job with another shop . . . one that is not run by such a cheapskate!
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