Christmas Eve Working: advice please.

[Alpha1]

I'm a collections (only) driver who is contracted to work 15:20 to 20:05 mon-fri ("Gold Top"). Every year at Christmas the awkward question of what to do with me is raised because my DO and connecting DOs, etc., close early-afternoon on Christmas Eve, so the company effectively doesn't have any work for me.

I've done this job for several years now and for the last few years, whilst 'willing' to work, have mostly just not gone in. I have always been paid, unchallenged. A few times In the early years (when I was more näive, and didn't have a young daughter to provide child care for), I went in earlier in the day to do the around-town firms collections, which I didn't mind as it was sociable.

This year we have a diligent new DOM who has asked me (indirectly) to either come in early, or take a day's leave. If I didn't want this then I am to sacrifice a day of my pre-booked holiday in between the Christmas/new year which I have long since made plans to spend with my family.

I am simply unable to come in earlier on Christmas eve - the extra expense of arranging child care will offset any wage earned.

So, my dilemma is that I feel that it is unreasonable to lose holiday or a day's wage simply because the firm doesn't have work for me during my contracted hours.

What does the forum think? Answers soon please as I am being pressured to decide by my supervisor.

NB. I am a union member, so I will duplicate this post on the union thread too (moderator?), as I would like to receive posties' opinions too please.

Thanks, and merry Christmas all,

Collections Driver
East Midlands area

[Dorset Plodder]

I was always led to believe that it's up to your Manager to "Find" work for you to do during your contracted hours.

If he has No work, that's not your fault. I think it's unreasonable to expect you to take leave just to help out his manning situation. The early start might be viewed as a "Reasonable" request, however considering the time of year, I would stress the problems of Childcare.

I personally would just remind him of my contracted hours, tell him I'd be tuning up for work and ask what does he want you to do? Be prepared to messed about though, because on the flip side you can't really just not turn up and expect to be paid for it (which appears to be what's happened in the past, from your post). Could you offer to use a days leave from later in the year? Do you really want to be hanging around work until 20.05 on Christmas Eve?

Good like with your dilemma, it's strange how these things catch Management out....Christmas is on the same day EVERY year you'd think they'd plan ahead!

[Hodsyharry]

I would ask how much notice did your DOM give you? Fitting in child care with both parents working or a single parent is a nightmare. I have to pay for someone to look after my children when they are on holiday to keep my job as I know my hours are not term time based. I then know that I will be working for less on school holidays but look at the overall yearly income. If you are contacted to work afternoons and that suits your childcare obligations I think it is quite unreasonable to change this to suit the company at short notice as this just doesn't fit in. The trouble with contacts are they are written to suit the employer rather than the employee and often include statements such as you may be required to work outside of these hours if so required. I would say that childcare is not available for you to work and this has never happened before and you have been paid regardless each year, then get in touch with your rep as you are willing and able to work your contracted hours even if there is no work. Royal Mail along with other companies make delightful statements offering term time and flexible working but is all at discretion of the employer. Good luck and happy Christmas.

[Hodsyharry]

Looking at my contract. Section 9.1 hours of work/overtime
"Your hours of work will be allocated to you by your manager. However, these hours may change from time to time after giving you reasonable notice."

-what is reasonable notice?

Section 9.2
"Royal mail has the responsibility of providing a public service. This puts a special obligation on all employees to play their part in maintaining the kind of service that the public has a right to expect. The nature of the service makes a measure of overtime working necessary. For this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times of day(including weekends, bank and public holidays) as the needs of the service demand."

-have you over a barrel! A very open ended statement ..

Maybe worth having a gander at your contract. It maybe more in your favour?

[Ricardo44]

To be honest,if it was me I would take it as a days leave. Most posties if they had the choice,would be happy to have christmas eve off and take it as annual leave. I agree with the previous poster that its a bit much to just not turn up and still expect to be paid for it even though you've got away with it in the past. Good luck.

[Hitcher]

Just say you'll use one of the days you'll get back for Christmas day/Boxing day.

[tommytucka]

I thought we aren't allowed any leave in December?

[dvbuk55]

Just say you'll use one of the days you'll get back for Christmas day/Boxing day.

That sounds like a reasonable compromise to me, what doesn't sound reasonable is not turn up and expect to be paid. Your DOM is finding you alternative work within the hours the office is working that day. I suppose you could always take a day of unpaid leave if you don't want to turn in.

[Bahia Feliz]

Just say you'll use one of the days you'll get back for Christmas day/Boxing day.

You don't get any days back for Xmas/Boxing day unless one of them is your day off do you?

[lylehillboonen]

The nature of the service makes a measure of overtime working necessary. For this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times of day(including weekends, bank and public holidays) as the needs of the service demand."

No employer can force you to work overtime is this not correct?

[IloveMYredTROLLEY!]

"The nature of the service makes a measure of overtime working necessary. For this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times of day(including weekends, bank and public holidays) as the needs of the service demand."

No employer can force you to work overtime is this not correct?

More to the point, how can we have an official statement like that and shaft part-timers (as things stand, awaiting more EU rulings on subject) out of holiday pay related to their liable overtime?

[trythat]

In our office we would ask you to come in early or take a days leave. I'm afraid theres no way you would get paid if you didn't come in.

[Mr_Pink]

"The nature of the service makes a measure of overtime working necessary. For this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times of day(including weekends, bank and public holidays) as the needs of the service demand."

No employer can force you to work overtime is this not correct?

More to the point, how can we have an official statement like that and shaft part-timers (as things stand, awaiting more EU rulings on subject) out of holiday pay related to their liable overtime?

Very good point, surely that makes any overtime contractual, regardless if its SA or Ad Hoc, its in black and white in our employment contracts.

[Bahia Feliz]

This year we have a diligent new DOM who has asked me (indirectly) to either come in early, or take a day's leave. If I didn't want this then I am to sacrifice a day of my pre-booked holiday in between the Christmas/new year which I have long since made plans to spend with my family.

Ask if you can use the day in lieu you will get for Jan 1st to offset Xmas eve! Simples?

[aiden01]

This year we have a diligent new DOM who has asked me (indirectly) to either come in early, or take a day's leave. If I didn't want this then I am to sacrifice a day of my pre-booked holiday in between the Christmas/new year which I have long since made plans to spend with my family.

Ask if you can use the day in lieu you will get for Jan 1st to offset Xmas eve! Simples?

has already been offered a days leave