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  |  Experts  |  Workplace Rights - Rachel Lewis  |  Do I have to work weekends?
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Do I have to work weekends?


question
I have worked as a full-time school secretary for the same employer since 1990 and he has now mentioned that he would also like me to work for three hours on Saturday mornings during term time and take three hours off in lieu during the week. My main problem is that I have four small children and already rely heavily on after school clubs and holiday clubs but have no provision to cover Saturdays. My boss can be a bully and I don't want to be difficult, as I can't afford to lose my job. Can he insist I work Saturdays?
pdecaq

answer
Contractually, the answer depends on what is in your terms of employment - do you have a written contract? If so, what does it say about hours - is there any flexibility for the employer? Even if there is, that's not the end of the story - insisting that you work Saturdays when you have childcare issues may well amount to indirect sex discrimination. All in all, it seems to me that if your employer insists you work Saturdays, you may well be able successfully to challenge him in court. For the time being, I think all you can do is explain very reasonably why you can't work Saturdays - try to find out exactly why he wants you to do so, and see if there is any alternative such as getting stuff done during the week or getting someone else to cover Saturdays. Work constructively on it with him, and try to find a way around the issue. If there isn't one, then I would definitely appeal or submit a grievance. And (while I sincerely hope it won't come to this), make sure that if you do have to resign, you do so in writing, plainly indicating that you are not resigning 'voluntarily', but in response to the requirement to change your hours - that protects you in terms of being able subsequently to argue constructive dismissal.
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