Tuesday Q&As

25.10.22

This week we have questions about:

• Working the night shift

• Meal breaks in Canada!

• Holiday entitlement for variable hours employees

• Transfer of a business and holiday entitlement

• Breach of contract

• Unfair redundancy selection

• Rejection of change to working pattern

• Unfair dismissal

• Provision of lockers at work

• Failure too pass on the National Minimum Wage

Made to work nights

Q. Hi can my employer make me work days and nights to get my hours if a person takes holidays

A. The answer is entirely dependant on the wording of your employment contract. If you are normally contracted to work set or variable hours during the day, it is a big ask expecting you to work nights.

Without a term specifically stating that you should work occasional night shifts, I believe you should refuse the instruction. Insisting that you work nights would probably be in breach of contract. Under those circumstances you have the option to resign and claim constructive dismissal or raise a grievance work under protest until the issue is resolved.

---

A question about meal breaks from Canada

Q. I was working in security shift in Etobicoke, Ontario and receive my 1st break after 9.5 hrs in 12 hrs shift. When I went to get my break i.e. 1 hr I was asked to come earlier 15 minutes rudely. There was no emergency situation. Is this violation of my rights ? If yes, whom to report about it? Whole 12 hrs were paid. Will really appreciate your help.

A. Interesting question! I write about employment law in England and Wales, but I have had a look at the Canada Labour Code (specifically 169.1(1) and (2)) and the Ontario Employment Standards Act.