Employee's at work

[AdamB]

Need some advice as I thought there was a couple of guys on here that have jobs in legal sectors.

Basically I work for a contracting company where I visit a site and the Employer has set a 4 hour working time period, now there has been times where I have completed the job in less than this 4 hour period, say 3.5 hours, yet I've still claimed for 4 hours as this was set out by the Employer. Now over the last 2 weeks they have basically been aware of this situation and the Employer has come in and done a site visit and made a list of other jobs I could be getting on with, fair enough so I do them and have stayed the full 4 hours for the last week.
Bare in mind this is the first time in nearly a year I've been working at this site I have had the Employer come onto site to do a "Performance Review".

Now my Employer has issued me with a disciplinary hearing for claiming hours I haven't worked.

I done a bit of digging around on the net and found the Employment Rights Act. I found a section which says the following :
"If an employee has normal working hours under the contract of employment in force during any part of those normal working hours—
The employee is ready and willing to work but no work is provided for him by his employer, the employer is liable to pay the employee for the part of normal working hours. "

Now I'm wondering if this applies to me or do they have something against me? I know that this may be classed as Fraud I suppose, but since it is the Employer that has set out the working hours and I've completed the site with time to spare, wondering where I stand with this?

Thanks
Adam

 

[Phil]

Ive done some construction law. im almost certain your in the clear so long as havent left the site in the final free 30min.

i.e. when you go to clarify that yes you werent working the final 30min but you were happy to work you will need to be comfortable with them looking assurances that you were not only happy to work if directed but as present for the 4hrs should they have wish to give direction.

Phil

Need some advice as I thought there was a couple of guys on here that have jobs in legal sectors.

Basically I work for a contracting company where I visit a site and the Employer has set a 4 hour working time period, now there has been times where I have completed the job in less than this 4 hour period, say 3.5 hours, yet I've still claimed for 4 hours as this was set out by the Employer. Now over the last 2 weeks they have basically been aware of this situation and the Employer has come in and done a site visit and made a list of other jobs I could be getting on with, fair enough so I do them and have stayed the full 4 hours for the last week.
Bare in mind this is the first time in nearly a year I've been working at this site I have had the Employer come onto site to do a "Performance Review".

Now my Employer has issued me with a disciplinary hearing for claiming hours I haven't worked.

I done a bit of digging around on the net and found the Employment Rights Act. I found a section which says the following :
"If an employee has normal working hours under the contract of employment in force during any part of those normal working hours—
The employee is ready and willing to work but no work is provided for him by his employer, the employer is liable to pay the employee for the part of normal working hours. "

Now I'm wondering if this applies to me or do they have something against me? I know that this may be classed as Fraud I suppose, but since it is the Employer that has set out the working hours and I've completed the site with time to spare, wondering where I stand with this?

Thanks
Adam

 

[H_D]

Let me know the outcome of the disciplinary hearing via P.M and I will see what I can do for you!

 

[AdamB]

Thanks for the swift reply guys.

Phil I normally have a "Task/Schedule list" of tasks to carry out throughout the time being at the site. However at 1 site in particular I have never been given one of these lists in writing, only ever been told of specific things to check/carry out. Now I've actually created my own task list and have been following that as of this week which takes me right up to the contracted 4 hours, however I thought this would be the Employer's responsibility, so it does prove that I'm willing to work the full hours.

Thanks H_D certainly will, the hearing is tomorrow afternoon but may not know the outcome at that time, but will let you know

 

[davehart]

I'd check over the terms in your contract.

I don't know much in construction but in the catering industry we can send employees home if not needed or work required has been completed, regardless of how long they are scheduled for. That's outlined in the contract though so we never have any come back.

Good luck for the hearing anyway!

 

[AdamB]

Well the outcome of this was I got dismissed for Gross Misconduct.
Although I said that there was not enough work for me to complete in the time period, they said I should have asked for more. But I didn't think that was my responsibility considering I never set the scaled time frame.

 

[Jay]

Sorry to hear it Adam. Some employers are just looking any excuse nowadays to shed workers. Sounds like they couldn't see efficiency when they saw it!

 

[Paul_JJ]

Well the outcome of this was I got dismissed for Gross Misconduct.
Although I said that there was not enough work for me to complete in the time period, they said I should have asked for more. But I didn't think that was my responsibility considering I never set the scaled time frame.

I feel for you. That is totally wrong! What says in your contract? If you have nothing to do at your work (i.e. power cut and you can't do your job, then as long as you stay at work the employer MUST pay you, so if you contract says 40 hours a week as long as you're at work, doesn't matter what you do, you'll be fine.

Now regarding Gross Misconduct you need to speak to a solicitor about this one, I certainly would!

 

[triple j]

The man should be happy that your getting the job done within the 4 hours.

 

[AdamB]

Sorry to hear it Adam. Some employers are just looking any excuse nowadays to shed workers. Sounds like they couldn't see efficiency when they saw it!

Thanks Jay. The thing is I've seen people come and go like a pigeon eating chips, I'm probably the longest serving person they've had employed out on sites and I was only there for just shy of 2 years. Now it makes me think how many more people are they going to go through till they find someone who's reliable, honest etc etc. Even the contracts manager is wanting to leave the job, the company is more more interested in their profits than their employee's which is a shame because the jobs were actually quite enjoyable.

I feel for you. That is totally wrong! What says in your contract? If you have nothing to do at your work (i.e. power cut and you can't do your job, then as long as you stay at work the employer MUST pay you, so if you contract says 40 hours a week as long as you're at work, doesn't matter what you do, you'll be fine.

Now regarding Gross Misconduct you need to speak to a solicitor about this one, I certainly would!

Thanks Paul, there is nothing in my contract which states that I must stay for the full contracted hours, although there is a sentence which says "Refusal or failure to carry out reasonable and proper instructions" which I suppose you can take that however you want!
I don't think its worth wasting time and money to go to a solicitor as I don't feel it would get my job back, nor would I feel comfortable be back working there.

The man should be happy that your getting the job done within the 4 hours.

This is exactly what I thought! As it would then allow me time to go on call so to speak to go to other jobs if needed, but obviously not.