Where one employee in a team refuses to work more than the statutory maximum hours, though the rest are willing, is there anything we can do?

 

find out more

for expert advice on this topic, contact:
Suki Harrar

related services

8. Where one employee in a team refuses to work more than the statutory maximum hours, though the rest are willing, is there anything we can do?

No. If you dismiss someone who refuses to work longer hours, or attempt to subject him (or her) to any detriment (for example, by shifting him to another less attractive job), he can complain to an Employment Tribunal. Any dismissal will be automatically unfair - regardless of how long the employee has been with you: he does not need the normal one year of continuous employment to put in a claim in this case. If he complains of detrimental treatment short of dismissal, and the Employment Tribunal finds in his favour, it can award him whatever compensation it finds appropriate.