Tuesday Q&As

6.12.22

I’ve added links to some useful websites at the foot of the newsletter and keep adding as time goes on.

---

Flexible working - all change?

Later in the week I shall be doing a brief piece of flexible working as the law is set to change. More and more workers are looking to work flexibly, but the current format regarding flexible working is outdated and can be unfair.

---

As usual we have a varied selection of questions this week.

• Made to work offsite a three hour drive away - Can my employer do this?

• Blocked from getting an internal transfer

• Working longer than employer had planned for - should you be paid?

• Enterprise agreements - what are they?

• Employer threatening to cancel visa of overseas worker

• Pregnancy and maternity discrimination

• No pension and no payslip!

• Extra work for no pay

• Disciplinary for assault on fellow employee

• More extra work for no pay!

  ---

Made to work offsite a three hour drive away - Can my employer do this?

Q. I work in a factory all year, my company wants to contract me out to another company and charge that company for my services. The company is a 3 hour drive from where I work, I don’t want to do it and nothing is in my contract that mentions me working offsite for another company. What are my rights?

A. If there is no mention of working for another company, and no mobility clause in your contract, you are not obliged to comply. To force you to do so would be in breach of your contract. I’m assuming that you have more than two years service, because if you don’t and you refuse to comply, in all likelihood you will be dismissed. Why not negotiate a new pay package in exchange for agreeing to the move?

---

Blocked from getting an internal transfer

Q. I applied for an internal position of trainer. I had the backing at the time of my line manager and went through the whole process of interviews. I was told by our recruitment team that I didn't get the job because I wasn't backed by my senior operations team. On request they told me it was due to current performance issues they had with me even though I have never been told I've been under performing.