Being sent home due to no work - and have to make time up?
Discussion
I work in an accountancy practice and have been sent home recently on a few occasions due to my employer not having enough work to keep all staff members busy. Now normally I wouldn’t mind, but their ‘policy’ is that all time has to be made up, so all the time off is going to time in lieu which I now have 4days to make up, (part of the 4 days relates to time off last month as my mum passed away). (oh and just to let you know how rubbish it is, I would have to work an additional 5 hours per week before any time will count towards negative time in lieu. Or drive to a clients which is over an hour away, an additional time being posted to negative time in lieu, so its pretty much near impossible to recover that time ever working my balls off each day, and seeing as there’s no work, how is this possible?)
From what I have noticed, I am the only person in the office being sent home, now you would think seeing as I already have time to make back, they would send someone else home, who doesn’t have any time to make up. The work can generally be carried out by most people in the office, I’ve been there 3 years, and there are about 5 other members of staff below me (in the office pecking order) one on the same level and 2 who are above me.
Is it right that they are singling me out, and is it right that I have to make this time up if they can provide me with work?
Any thoughts from you helpful bunch would be much appreciated.
Al
From what I have noticed, I am the only person in the office being sent home, now you would think seeing as I already have time to make back, they would send someone else home, who doesn’t have any time to make up. The work can generally be carried out by most people in the office, I’ve been there 3 years, and there are about 5 other members of staff below me (in the office pecking order) one on the same level and 2 who are above me.
Is it right that they are singling me out, and is it right that I have to make this time up if they can provide me with work?
Any thoughts from you helpful bunch would be much appreciated.
Al
Er, from how you describe it I would be worried.
Do you have any "unique" skills, qualifications or clients that means your workload is particularly vulnerable?
I'd be asking for a quiet chat with my boss first to understand on what criteria it is always you being sent home.
If that didn't work, and assuming you have a HR dept, ask for a more formal conversation.
ACAS have a very good helpline and will be able to give you your rights.
Your professional body (if you are a member) may also have one.
Do you have any "unique" skills, qualifications or clients that means your workload is particularly vulnerable?
I'd be asking for a quiet chat with my boss first to understand on what criteria it is always you being sent home.
If that didn't work, and assuming you have a HR dept, ask for a more formal conversation.
ACAS have a very good helpline and will be able to give you your rights.
Your professional body (if you are a member) may also have one.
Edited by plg on Wednesday 17th November 14:38
Presumably your charge out rate to clients is therefore more expensive than some of the more "junior" clients.
I would tend to say that this seems a most unfair arrangement, either they are sending you a message (look for another job) or your charge out rate can't be justified on most of the work they have.
Perhaps therefore the right tactic here is firstly to draw their attention to the developing situation, (they may well not realise) and suggest a compromise, you will take half the time as holiday and the will write off the rest of the time?
I would tend to say that this seems a most unfair arrangement, either they are sending you a message (look for another job) or your charge out rate can't be justified on most of the work they have.
Perhaps therefore the right tactic here is firstly to draw their attention to the developing situation, (they may well not realise) and suggest a compromise, you will take half the time as holiday and the will write off the rest of the time?
Worst case is that it's a single step on the way to constructive dismissal?
http://www.direct.gov.uk/en/Employment/RedundancyA...
http://www.direct.gov.uk/en/Employment/RedundancyA...
Gargamel said:
Presumably your charge out rate to clients is therefore more expensive than some of the more "junior" clients.
I would tend to say that this seems a most unfair arrangement, either they are sending you a message (look for another job) or your charge out rate can't be justified on most of the work they have.
Perhaps therefore the right tactic here is firstly to draw their attention to the developing situation, (they may well not realise) and suggest a compromise, you will take half the time as holiday and the will write off the rest of the time?
My charge out rate is only a whole £5 more (£30ph) than all the juniors below me, they never get increased so if any thing Im better value for money!I would tend to say that this seems a most unfair arrangement, either they are sending you a message (look for another job) or your charge out rate can't be justified on most of the work they have.
Perhaps therefore the right tactic here is firstly to draw their attention to the developing situation, (they may well not realise) and suggest a compromise, you will take half the time as holiday and the will write off the rest of the time?
motorbreath said:
BEP said:
Did I just read that right, that they're asking you to make time up as 'Your Mum passed away' ?? Not being funny but if they're that much of an uncaring employer i'd be looking elsewhere fairly sharpish...
Yes you heard me right... about sums things up in our office!+1 on the why are you not looking to move!!
plg said:
Er, from how you describe it I would be worried.
Do you have any "unique" skills, qualifications or clients that means your workload is particularly vulnerable?
I'd be asking for a quiet chat with my boss first to understand on what criteria it is always you being sent home.
If that didn't work, and assuming you have a HR dept, ask for a more formal conversation.
ACAS have a very good helpline and will be able to give you your rights.
Your professional body (if you are a member) may also have one.
Come to think about it the only unique skill I held was passed over to a colleague a few weeks back when I had time off for my mum passing. As for my reducndency arrangements, I am currently reading my contract and will up date later if I find any thing interesting.Do you have any "unique" skills, qualifications or clients that means your workload is particularly vulnerable?
I'd be asking for a quiet chat with my boss first to understand on what criteria it is always you being sent home.
If that didn't work, and assuming you have a HR dept, ask for a more formal conversation.
ACAS have a very good helpline and will be able to give you your rights.
Your professional body (if you are a member) may also have one.
Edited by plg on Wednesday 17th November 14:38
edc said:
How can your unique skill be passed over?
Well... I was the only person who had prior knowledge of auditing an EU Commission grant claim, i.e. knew how to test certain items, in the most efficient way, but they then sent someone else out to do the job and threw some guielines at him. Its taken twice as long but means that they are no longer dependent on me doing the job.Writing my CV as we speak, as I now have another day at home
(At least I have an excuse to fiddle with the new bike now, not that the Mrs will be too happy about lol
) motorbreath said:
edc said:
How can your unique skill be passed over?
Well... I was the only person who had prior knowledge of auditing an EU Commission grant claim, i.e. knew how to test certain items, in the most efficient way, but they then sent someone else out to do the job and threw some guielines at him. Its taken twice as long but means that they are no longer dependent on me doing the job.Writing my CV as we speak, as I now have another day at home
(At least I have an excuse to fiddle with the new bike now, not that the Mrs will be too happy about lol
) I think you need professional advice. Worst case is that you leave, but there is something not right here.
plg said:
motorbreath said:
edc said:
How can your unique skill be passed over?
Well... I was the only person who had prior knowledge of auditing an EU Commission grant claim, i.e. knew how to test certain items, in the most efficient way, but they then sent someone else out to do the job and threw some guielines at him. Its taken twice as long but means that they are no longer dependent on me doing the job.Writing my CV as we speak, as I now have another day at home
(At least I have an excuse to fiddle with the new bike now, not that the Mrs will be too happy about lol
) I think you need professional advice. Worst case is that you leave, but there is something not right here.
edc said:
You can go for constructive dismissal if you want but bear in mind there needs to be a fundamental breach and you need to act almost instantly on it. The fact that you have waited around for a few weeks and this has gone on for a while significantly weakens the case for a constructive dismissal claim. Plus, stating the obvious, you actually have to leave. That you might stay for a couple of months to line up another job then leave doesn't indicate constructive dismissal.
I don't agree - constructive dismissal can be either after one fundamental incident OR after a pattern of incidents, but yes, he'll need to leave/resign. Having resigned, you could work under protest whilst finding a new job...There's an implied level of acceptance in the OPs posts. Where are the documented requests for meetings to discuss the matter? Where are the documented complaints? There is also an obligation on any claimant to mitigate their loss so unless the OP is unfortunate enough to leave and be unemployed for a number of months then the value of the claim is going to be very little.
The point I tried to get towards earlier is that typically you will have a contract that says x hours at x times on x days and we will pay you a salary of y for that. The fact that the company may or may not have enough work for you to fill your day is almost irrelevant as they are obliged to pay you unless they have reached an agreement with you or gone through some form of lay-off/reduced hours process.
You need to do something to voice your dis-satisfaction, not just passing comments or ad-hoc chats/meetings.
Don't under-estimate the time and energy required to go through the tribunal process. I have done it several times from both sides.
The point I tried to get towards earlier is that typically you will have a contract that says x hours at x times on x days and we will pay you a salary of y for that. The fact that the company may or may not have enough work for you to fill your day is almost irrelevant as they are obliged to pay you unless they have reached an agreement with you or gone through some form of lay-off/reduced hours process.
You need to do something to voice your dis-satisfaction, not just passing comments or ad-hoc chats/meetings.
Don't under-estimate the time and energy required to go through the tribunal process. I have done it several times from both sides.
motorbreath said:
BEP said:
Did I just read that right, that they're asking you to make time up as 'Your Mum passed away' ?? Not being funny but if they're that much of an uncaring employer i'd be looking elsewhere fairly sharpish...
Yes you heard me right... about sums things up in our office!I'd start looking elsewhere. I got sent home due to lack of work (The guys in the office f
ked up a large stock order so no stock!) 4 weeks later having done 0 days work i got a phone call Sorry mate we're making you redundant and we're not paying you for the last 4 weeks because we actually made you redundant then and just didn't tell you!. The real pisser? I was laid off because of the amount of customers they lost and the chunk (Few hundred £k's) of cash suddenly missing from their cashflow meant they couldn't afford to keep the staff levels high - But the people responsible for the fk up in the first place are still working there.
You owe nothing to your current employer, Look out for yourself and yourself only because thats sure as hell all they will be doing.
ked up a large stock order so no stock!) 4 weeks later having done 0 days work i got a phone call Sorry mate we're making you redundant and we're not paying you for the last 4 weeks because we actually made you redundant then and just didn't tell you!. The real pisser? I was laid off because of the amount of customers they lost and the chunk (Few hundred £k's) of cash suddenly missing from their cashflow meant they couldn't afford to keep the staff levels high - But the people responsible for the fk up in the first place are still working there. You owe nothing to your current employer, Look out for yourself and yourself only because thats sure as hell all they will be doing.
Things took an interesting turn on Tuesday - was called into the board room, with the two main partners, told my contract was up next week and they wouldnt be offering me a position to carry on with them in Farnborough! At which point I nearly dropped a nugget!
But!!, then offered me a position in an alternative office for 6 months, nearer to my home! (Same pay though)
I knew something was up! All the time I racked up in lieu Im going to ask them to write off as I will no longer be employed by the original office.
From my first day (yesterday), it seems soooooo much better, they even have a radio on during the day! (We werent even allowed to talk to each other in the old office with out fear of being moved!) So if things carry on as they did on Friday Im very happy!
On reflection, isnt strange how one person can completely f*#k up an office environment because of there bureaucratic working style - what a waste of good employee telent and energy as every one is sooo demotivated rigt now (and I dont see it getting much better)
Also on the same day they dismissed me, a junior handed in her notice, (best of luck to her) and they (being the powers that be) told one of my seniors that they wouldn't be offering her a position from Feb (as she was promised 4 months ago) and that her only options were, the door, or a secondment placement! So shes a bit lost now!
Shame I have to leave my colleges as I didn't really have a send off, I was only told of the move at 12:30, so 4 hours notice! They all seemed rather shocked - but Im sure they will cope lol!
Now then - on with my career, up up and away!
But!!, then offered me a position in an alternative office for 6 months, nearer to my home! (Same pay though)
I knew something was up! All the time I racked up in lieu Im going to ask them to write off as I will no longer be employed by the original office.
From my first day (yesterday), it seems soooooo much better, they even have a radio on during the day! (We werent even allowed to talk to each other in the old office with out fear of being moved!) So if things carry on as they did on Friday Im very happy!
On reflection, isnt strange how one person can completely f*#k up an office environment because of there bureaucratic working style - what a waste of good employee telent and energy as every one is sooo demotivated rigt now (and I dont see it getting much better)
Also on the same day they dismissed me, a junior handed in her notice, (best of luck to her) and they (being the powers that be) told one of my seniors that they wouldn't be offering her a position from Feb (as she was promised 4 months ago) and that her only options were, the door, or a secondment placement! So shes a bit lost now!
Shame I have to leave my colleges as I didn't really have a send off, I was only told of the move at 12:30, so 4 hours notice! They all seemed rather shocked - but Im sure they will cope lol!
Now then - on with my career, up up and away!
I appreciate that you seem to have had a good outcome so no need to do anything, but they sound like they have no clue about employment law or assume that you have no clue. Were you on a fixed term contract? If not there is no concept of your contract 'being up', with three years employment you are a protected employee, they would need a reason to dismiss which could be redundancy but there is a process to follow there. Also you have a right to compassionate leave when you mother died, they don't have to pay you for it though.
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