Nah, the person giving the reference is someone else, thankfully a decent guy. Oh, and they still want me working wednesday night too :roll: I'm glad I'm leaving :evil:

Time to ring in sick then? Migraine brought on by exhaustion.

Scots employment law's different to english in subtle and annoying ways... But I'm still 100% sure you're having teh **** taken out of you. First, ask for a copy of that "contract"... If you've union representation, speak to them, if not, then I'd speak to a lawyer. And take no advice from internet forums on employment law :)

I'm no expert but I work in HR for shift workers so I may be a bit fuzzy on the actual details.

I believe the law states you have to have at least 11 hours break between shift periods so if you are working 0830 - 1730 they cannot legally ask you to come in until at least 0430. If the shift starts at 1730 then all they legally have to do is give you a 15 minute break every four hours.

The European working time Directive applies only if you work more than 48 hours a week averaged over a 17 week period (I think it's 17 weeks anyway) so it isn't much use in this instance.

The point about needing a reference is a good one. If you have it in writing that they only asked you to work he night shift on the day, plus in writing they told you you only had to do one night this week then you have a case for constructive dismissal, otherwise it's your word against theirs.

3 days left huh?

Funny that, because you can self certify yourself as being ill (in England & Wales at least) for 3 days without having to see a doctor.

This depends on your 'contract' as to if you'll get paid them, but hell, you deserve the rest ;) Sh*t, I mean you NEED the rest :oops:

I don't think thats strictly true.
The working time directive exists to protect both employer AND employee. It ensures that there are a maximum amount of hours worked by a person in a calendar week and that said person is entitled to a minimum amount of time off.
In the case of shift workers it is, indeed, a minimum of 11 hours off between shifts not including any travelling time.
The working time directive applies to all areas of employment except for the Police and the Armed Forces.
As regards to rest breaks during a shift you are not entitled to a break unless your shift is longer than 6 hours in duration ( unless stated otherwise by local agreement). When working for longer than 6 hours a person is entitled to a minimum of 20 minutes undisturbed break away from the workplace.

HTH

Personally, I'd refuse to do the night shift, citing exhaustion and lack of proper notice. They can't sack you because you are working your notice. You can come to an arrangement about the remaning shifts you have to do, ie payment in lieu etc but this would need to be taken up with your managers boss, and not the pleb you have this problem with.

You dont have to sign a contract. After 12 months its seen as a verbal contract and easy to prove as you've been there for so long.

It is illegal for you to work this evening. Lots of people would do it as overtime but that doesnt make it legal.

Tell him to sod off and go home.
Whats three days wages. See a lawyer in the morning as previously suggested and sue em for wrongful dismissal,
I doubt they would want the bad press any more than you want to lose 3 days wages.

So in short

GO HOME FOR F**K SAKE

Walk out, you 'll feel so much better about yourself.

so much better infact, that you'll never let anyone treat you like that again.

Jordan,

Personal integrity is so much more important than a few days money. You may feel that you need the money, but you need to feel right with yourself. Personally I would stick to my guns and say that you hadn't been given suitable notice, if they get stroppy threaten them with a union, even if you don't actually belong to one (you don't have to declare it to an employer).

Do you feel that you will be safe to travel (not sure if you commute by bike these days) after your shift ? In which case tell them that if you come in, you expect them to pay for a cab home, and you won't be back in for another 18 hours at least. Let them make the decision, not you. You give them options which shows you are trying to be reasonable.

If your line manager won't let it go, go home, come back in tomorrow and make sure you contact the HR team as you need to discuss your managers attitude. They cannot sack you without a disiplinary meeting at which point you can put your case across. If it comes to that, take a dictaphone/digital voice recorder in with you and place it on the table. Say that you need it so that you can make minutes of the meeting - that way you will have a complete transcript of the meeting.

Good luck !!

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