Advice for my lass

[AndyBrad]

Ok im after a little advice for my lass. Career wise

She loves her job and enjoys it very much. She has built up a little branch of the main busness over the past 3 years and it is now running well (from nothing) The problem is she is still classed as a nurse and not "higher staff"

Now she does 47.5 hours a week including every saturday morning. Not a problem with this but she also has a b vitamin deficiency meaning that she gets tired very easily. This week she has approached her employers asking for her sat mornings off. Now no one else in the company does as many hours as her or works as many saturdays. They've turned around and called her a silly little girl and that its in her contact to work them and so she must. they have offered to knock 3 hours off her mid week hours but that still leaves her doing more than everyone else and shes starting to burn out.

So is she screwed on this or can she get them to reduce her hours? Is she being unreasonable? And what is the best way forward? Any help is greatly apreciated.


Cheers

Andy

[fizzwheel]

What are her contracted hours ?

Personally I'd say find another job, no job is worth making yourself ill for, but thats easy for me to say and hard for her to do.

[Mr Speirs]

Put it in writing. If they still offer unreasonable work arounds then you can prove that the company aren't doing enough to help you in your job.

[anna]

find out what it says in her contract and if she has signed the waver of contract hours or not.

[Mr Speirs]

Isn't 47.5 over over the EU working regs anyways? Or has she opted out?

[CoolGirl]

Now she does 47.5 hours a week including every saturday morning. Not a problem with this but she also has a b vitamin deficiency meaning that she gets tired very easily. ..... Now no one else in the company does as many hours as her or works as many saturdays.



Disability Discrimination Act ought to cover it. She should ask for an occupational health assessment to verify whether sh'es worknig too long hours, and a quiet chat with her union rep might help given that she's being singled out for extra hours (presumably for no overtime).

[AndyBrad]

its 48 hours for the max working week. Unfortunatly its in her contract. Although the sat is compulsery overtime and not in her working week. Nifty hey :) All the hours are in her contract and thats the problem if they wernt they wouldnt be an issue. Theyve said "well its your contract so you have to do it" but i was hoping there may be some way to reduce her hours?

Thats this disability descrimination act? and is the assessment done via her employer or antoher party? eg the docs?

[Biker Biggles]

The DDA is a bit specific when it comes to what constitutes a disability,but worth checking if a vitamin problem is covered.
Another angle would be to get her job evaluated independently and compared to other similar jobs.There may turn out to be a sex discrimination angle to persue there.
You do need some advice from a union or employment law person on the specifics though.

[CoolGirl]

Employers should hire a third party to do OHAs. Like BB says, talk to union or similar.

Here's the DDA 2005 definition, designed to have the widest possible scope (I should know cos I helped write it):

For the purposes of the Act:

substantial means neither minor nor trivial
long term means that the effect of the impairment has lasted or is likely to last for at least 12 months (there are special rules covering recurring or fluctuating conditions)
normal day-to-day activities include everyday things like eating, washing, walking and going shopping
a normal day-to-day activity must affect one of the 'capacities' listed in the Act which include mobility, manual dexterity, speech, hearing, seeing and memory


Some conditions, such as a tendency to set fires and hay fever, are specifically excluded.
People who have had a disability in the past that meets this definition are also covered by the scope of the Act. There are additional provisions relating to people with progressive conditions.
The DDA 2005 amended the definition of disability. It ensured that people with HIV, cancer and multiple sclerosis are deemed to be covered by the DDA effectively from the point of diagnosis, rather than from the point when the condition has some adverse effect on their ability to carry out normal day-to-day activities.

HTH, but PM if you need to.

[AndyBrad]

under the dda (just looked) it stated that a disability is anything that prevents you from going about your activities. So if shes tired through over working and this is exasperated by her vit deficiency would you think she would have a good bargening point there?

You see the thing is she loved her job and doesnt just want to move. However she gets quite tired a lot. but she does want to stay so we dont want to be pushing them too hard.

Theyve had her in the office this morning knowing she can be a bit of a push over and had somone opposite her slapping their hand with a ruler intimidating her. It makes me mad and shes phoned me up in tears!!!! Bloody fuming! thing is shes a littrle hot headed so i know she will have turned around and have given them a mouthful if shes upset. Not really helping things...... bugger!

[AndyBrad]

Cheers for your help guys and gals btw. Very much apreciated :)

[Biker Biggles]

One other thing,a little late for today,but never go in to "the office"to talk about anything like this without someone with you.A union rep if you have one,or a friend,but the kind of intimidation you describe is very common,and someone to witness it is always useful.

[carty]

If the employers are intimidating her (or at least attempting to) in the way you describe that is disgusting. It is unfortunate that those working hours are in her current contrat but there's nothing to say she can't have a new contract if she is no longer happy / able to work those long hours.

I agree with BB above that she should get a union rep or at least someone on her side before having an open discussion with them with a view to reducing her hours. Could she get a doctors note describing her condition and recommending she does less?

The company could take a 'put up or shut up attitude' in which case she will have a hard decision to make but to brush her off and not listen to her case is pretty disgusting in this day and age.

Hope that she gets it sorted, let us know what happens. If my wife's employers were treating her like that I'd have a hard time not going down there myself!

Cheers,
Matt

[Viney]

My better half has just been made redundant from a similar job/position. It was making her ill and affecting us and our relationship. Never underestimte what these things can do over time.

As said, whenever she goes into a 'meeting' then ALWAYS take someone with her. Its her right as an emplyee and the managers can not refuse. She can refuse to be in a room on her own with a member of the oppiste sex as well.

I know where youa re coming from. All i wanted to do after hearing about a day in her office is to go in and start pulling people across desks, and possibly throwing them out of the 2nd floor window!

She has now got a better job, admitedly not paying as much, buit shes back to the normal Loony that she was before.

[Nostrils]

First appointment, the doctors explaining how hard she works, how much help she is not getting and she is increasingly becoming irritable, mood swings and getting utterly stressed out - Get a couple of weeks signed off and see if the company come running. This should give plenty of time to get ones head together, perhaps research getting another job and just enjoy the relaxation.

IIRC, all companies should take reasonable suggestions of a change in working hours seriously and should be done in writing from both parties. I know the client I work receives these type of requests on a daily basis and on the whole the company do all they can do meet their needs.

Good Luck with whatever route is chosen.

[Paul the 6th]

I don't know much about this kind of stuff but I'd definitely recommend putting everything in writing as neccessary. You can structure your thoughts, quote certain information and keep a full paper trail of all the correspondence. Might help if things get messy or if they're carry on being feckers...