Employment Rights

[phileas]

Staff, who needs them hey?

Situation: An employee is contracted to the normal working hours 5 days a week. Employee says she is suffering from depression and requests to go down to 4 days. Employer agrees on a temporary basis but does not change contract. Employee advises they will work that extra day if needed at any time. Employee is then given 2 weeks notice to work one of their days off due to other staff being out of the office on that day.

Does employee have to work that day? What if they refused or went on the sick because you asked them to work?

That is all.

 

[sjbeale]

With any change in terms and conditions whether temporary or permanent you need to confirm this in writing. It depends if this was done.

I would advise that you start a sickness absence process with this employee doing an investigation into the sickness to manage it in the long term with a view to getting them back to working their usual hours.

 

[Employment Law Clinic]

Does employee have to work that day?

As that's the agreement reached, yes they have to work.

What if they refused or went on the sick because you asked them to work?

Take disciplinary action against them.



Karl Limpert

 

[thelegalstop]

Do make sure that when you change anything, you have it in written form.
She can always refuse to come to work, by pretending to be "sick", you need to review the contract`s terms and conditions and to take actions if she refuses. Do you know that in many countries, if an employee says "I am in a depression, please let me know only 4 days a week", the employer will laugh...hard.

 

[printnstyle]

This situation is pretty rare to me but I personally think that for the employer to agree to 4 days a week is a generous accommodation. I also agree with sjbeale to do an investigation with the sickness or perhaps even have them consult with a psychologist that can report to the employer to verify the employee's condition and to protect the company's best interest. I also think it is the employee's moral obligation to go to work when needed since she mentioned that she will go to work if she has to specially when given 2 weeks notice.