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Can his employer legally do this?

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tigwig | 19:31 Mon 15th Nov 2010 | Law
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My poor OH is working in Edinburgh today, a 4hr drive away from where we live. Not only has he had to be picked up at 3.30am, travel there, work a full day and drive back all in one day but now the sodding van has broken down. There is 4 of them and RAC have just said engine's failed and is towing them to nearest village 10 miles away. Employer now expects them to wait up to 4hrs for a courtesy car, drive back (which will take my OH 4hrs then another 2 dropping everyone off who lives all over the place) Employer then has said they are in Corby tomorrow (another 3hr drive away) and expects them to work! What The Funicular? How can he get away with this? He has always been a thoughtless pr*ck to work for but times have been desperate hence the reason why they all still do. Any advice would be welcome.
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He should go sick tomorrow, citing frostbite, stess and anxiety.

I'm quite serious. Employers have a duty of care towards their employees and from your description of today's events, that duty has not been properly exercised, if it has been exercised at all. Of coure vehicles break down from time to time, but even without that mishap it seems the schedule for the two days has been unrealistic.
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Well he doesn't even get paid sick thats the thing. He is on PAYE but as yet has had no holiday pay, no sick pay nada. A year or so back the lads did get that but then there was no work for ages and he had to make some of them redundant and pay out. Since then he has said there's no contracts and its work as and when its needed so no benefits of being employed at all. I don't even know if thats legal either?
Then you OH would seem to have a 'zero hours contract'. These are legal and involve one being paid only for the hours one is offered work. It is not true that an employer can deny holiday pay - holiday pay in proportion to the numbers worked per month versus a 'normal' employee must be provided - though this might be somewhat tricky to work out if all the employees are zero hours contracts.
I'd just say that I wasn't available tomorrow - what he is being asked to do is ridiculous.
And another thing - with a zero hours contract one is paid for the hours one works - can't see why this shouldn't include the travel time of getting to Edinburgh and back.
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Thanks, well he got home at 2.45am this morning then had to get up at 4.00 to set off again for a 3hr drive to somewhere else. This is after yesterday. I begged him not to go and said all 4 of them should have refused but I think they are all scared of losing there jobs. Interesting about the holiday pay, maybe he will get some at Christmas, I will live in hope. I know he's got to work ok, lets just hope he gets back fine too.

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Can his employer legally do this?

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