Advice, please

Discussion in 'Finance, Property, Law' started by oscar1whisky, Dec 28, 2012.

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  1. It being the middle of a holiday period, I'm here seeking advice as normal sources are currently shut.

    The firm I work for normally produces a roster for the forthcoming week and emails this to each site so the staff know when they're next on shift, and where.

    I worked the weekend 22/23 December, and as no email had arrived with the following week's roster, I contacted the control office, who didn't know either but suggested I turn up at the usual site and time on the Monday (24 Dec) and check again.

    I currently travel to work by taxi, not having a car, and had had to pre book taxis for 24th and 25th ( my normal working days), given that the taxi firm would be running on minimal manning on those days, being holidays, and that, being Christmas, the rate would be higher than normal.

    So, on the 24th I turned up for work at the usual site, usual time (0645) and took over shift. The shifts run from 0700-1900 and 1900-0700, each member of staff is expected to turn up 10-15 minutes early to do a handover/takeover.

    At 1850 that night no-one had turned up to take over, so I informed the control office of this, reminded them I had a taxi booked, and asked them to get back to me.

    At 1900 my taxi arrived, I again phoned the control office, informed them of this and was told they were still trying to contact the relief. ( Remember, no roster had been sent out for this week).

    At 1915 the manager phoned, asking me to stay on site until a replacement could be found. I pointed out that my pre-booked, rather expensive taxi had already been waiting 15 minutes, had another job waiting, and the chances of getting another one on Christmas Eve were non-existent.

    I informed the manager that I would lock up, told him where the key would be, reminded him I would be back on shift the following morning,and went home in the taxi.

    On 25th I turned in as usual, did the shift, relief turned up on time, and went home.

    Today, I'm told by phone that I'm suspended for leaving the site unattended, pending disciplinary next week.


    My question then is this: if I turn up for work and complete the shift, as I did, am I legally expected to stay there until such time as a replacement arrives, whenever that may be, or was I right in going home?


    Sensible answers preferred, thanks.
     
  2. Throw yourself into a woodchipper.
     

    Attached Files:

  3. Check your contract and the terms of your shift. I would imagine they are similar to the duties of a sentry.


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  4. BB isn't this a sensible part of the site?
    Give it a rest.
     
    • Like Like x 1
  5. It all went downhill once KFC started opening 24hrs a day.
     
  6. What's it say in your contract? Are you paid by the hour, salaried?

    Sounds like a crock of shite security operation, clearly there are circumstances where the site could be unmanned if they are relying on one bloke 'n 15mins to change stag.
     
  7. Are you a security guard or similar then?

    As stated, check your contract. I had expectd you to say they had decided not to pay you for the 24th, as you turned up without being asked to and worked a full shift without being asked to. Sounds like a strange place to work.
     
  8. To be fair, it depends on the job. If you are in a nuclear power station, looking at heating/cooling and that sort of caper, then I'd have stayed on.

    If you stag on the back gate at Tescos, I'd have thinned out.
     
    • Like Like x 1
  9. Feeling a bit guilty...

    As mentioned - check out your contract. That will form the basis of the action ( if any) to be taken against you. If you are not classed as "permanent" staff and are still on probation - I think you automatically become deemed to be permanent after 12 months - then they don't have to give any reason why they might let you go.

    If you have a written Disciplinary Procedure - get a copy. The process should be defined in it.

    Also worth checking with your Buildings and Contents insurance - legal cover can be included. ( Reckon that saved me about £30k n legal fees. ) Your Bank may also offer phone-based advice.

    BB

    ( feeling less guilty now. )
     
    • Like Like x 2


  10. Thanks for replies so far; in answer to queries: yes, it's a security guard job, employed by a security company but working at clients' premises, routinely Sat/Sun at one site and Mon/Tue at another, full time employee, usually 4x 12 hour shifts per week, hourly paid.

    As regards T&Cs, there's a paragraph under "Working week & Remuneration" that states the following:

    "Employees are expected to work such hours as are necessary to perform their duties. On occassions, it may be necessary for the Company to request that you work additional hours in the course of your duties."

    Later, under "Gross Misconduct" one such example given is "Leaving your place of work without due authority from the Company thereby jeopardising or putting at risk any client's belongings or assets."


    In the case of the working hours, it's been my understanding and experience that this meant doing extra shifts when, for example, someone else is on holiday or off sick, ie, with some implied notice, NOT being "requested" to stag on, possibly for a further 12 hours, when the relief doesn't turn up.

    Secondly, as I stated originally, I'd finished my usual 12 hour shift. I'd also previously informed management of my using pre-booked taxis to and from work, so they were aware that I had transport booked and no alternative apart from Shanks' pony.

    My contention is that, if I've attended for work and worked the normal hours satisfactorily, my responsibility for the site ends with the end of my shift?

    Perhaps someone with more knowledge of Employment Law and Working Time regulations can advise on this?

    Thanks again.
     
  11. You're fucked. It says hours, not shifts.

    You could argue that you weren't given a rota, and that the company were lucky that you rocked up at all after their poor admin.
     
    • Like Like x 1
  12. Did you not call your replacement and ask where he was?
     
  13. Are you a member of a union, professional body or association? If so get on to them sharpish and they may be able to help with representation
     
  14. Might want to nudge Dr. Evil in this regard...
     
  15. To be honest your transport arrangements are bugger all to do with your employer, you are required to be on duty at a certain time and available if required after your finish time. How you choose to to get to and fro are up to you.

    Bottom line, your manager made a reasonable request, you refused, this is gross misconduct according to your contract.
     
    • Like Like x 1