Care home holiday

10
Found 10th Jun
I work in a care home with adults with learning disabilities. My boss has booked the residents a 'house holiday' for a week and insisting that I have to go with them. I normally only work day or evening shifts. I'm a single parent/grandparent (I have my 4 year old grandson) When I said I couldn't get child care for a whole week, I was told "tough"
I also explained that there was no way I could afford to eat out every day/evening with the residents as money is tight. Again I was told "tough"
Can my boss do this? What are my rights?
I don't have a contact as they keep "forgetting" to sort one out.
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Difficult one to answer. I am just thinking about when I was working where my contractual hours were 9 to 5 but I was sometimes sent off on training courses in other parts of the country which lasted several days, requiring overnight stays.

I did not get paid extra but they did provide food and where they did not, I was able to claim for food costs.

If you draw parallel to that, they can force to go but they should pay for your meals or allow you to claim costs for them.
I would firstly ask for a contract.

The situation is tricky, if you've explained to your manager that you're unable to go then it may be worth writing a letter with your reasons.
First off, how long have you worked there? If less than 2 years then you're on to a loser before starting no matter how unjust it is. At the very least they have to provide you with a statement of terms within 2 or 4 weeks (can't remember) If they haven't you at least step onto the front foot if they dismiss you for refusal to go. Head over to consumeractiongroup, look for work and social forum then employment sub forum. You will get a lot more informed advice.
1st you do have a contract just not one written down. As shift worker changing times at minimal notice is the norm - change of location is a different matter.

If you have worked for them for more than 2 months you are best going to Citizens Advise Bureau. As Joe says 2 years is when employee rights get alot stronger - but in 2 months the company should have given you your contract.

As cbt states put your objection in writing as it is a change in particulars you are saying you can't accept - unless you feel you could.

HMRC define that you are entitled to food and drink when work requires you to stay away - you could claim this directly from the taxman if your company refuses. Never seen a company not provide this one as it is part of the paperwork they are expected to provide and is just a tax right off to them - can not help wonder if you are at logger heads with your boss or are they just unaware that they too should be entitled to this.

Counter wise though I assume you would get alot more hours pay as effectively the whole care holiday you will be effectively on the companies time?
Edited by: "Bertz99" 10th Jun
Your employer MUST give you a 'Written Statement of Employment' within 2 months of you starting work. I think this is what people are referring to as a 'Contract of Employment'. You will find an example showing what it must contain here:-

acas.org.uk/ind…392
Not to do so leaves an employer in breach of employment law, giving a poor impression if he faces an employment tribunal.

You could write the employer a polite note explaining that you can't afford to pay for eating out during the trip and request that he considers refunding any necessary expenses incurred in doing your work while away from your permanent place of employment.
You should have a contract.
If you don't then the only thing you can do is put your foot down and risk getting let go.

I'd be worried that if your boss hasn't worked out the logistics of the trip in terms of your pay, expenses and child care. I'd hate to imagine what else they have forgotten to take into account.
I would be asking how many hours your going to be expected to work on this house holiday as you can only work 13 hours a day and then must have 11 hours rest. How many hours your being paid for? Are you expenses being covered? Where your contract of employment is? Also if your working away you should be able to claim all meal expenses from work you should not be expected to be out of pocket.

There are plenty of jobs available in the care industry. Bad employers and poor pay mean a high turnover of employees. If your not happy apply for other jobs. Am sure you will get one in no time.
Ring ACAS 0300 123 1100 , they deal with pay and employment law, info on Direct Gov website. Or go to the CAB. Often your employer's will tell you that you must do something without telling you that you have the right to refuse. You can also ring Unison, join and get immediate help.

Don' let them bully you, I think they are doing this..... you have a dependant, they have to give you time to look after him/her. The department of DTI used to issue rules re looking after dependents.
Seriously bad mgt, way back when I worked in a similar sector and had to do the residents holidays, there was enough staff to ensure that we all had some down time, a week of looking after vulnerable clients would be shattering and potentially dangerous for staff and the clients, and all our out of pocket expenses, including meals and drinks were covered by the company.
Nice of the op to return!
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