Ask Sheila England

Sheila will try to answer as many of your English Social Care questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

How far in advance should rotas be published?

How far in advance should staff expect to have their rotas published, at present they are lucky to get them a week in advance? Also staff are being threatened with disciplinary action for not attending training when they are only getting 24 hours notice many work nights and have young children.
Thank you

Dear Jane,

I've shared your question with our employment law experts, Napthens Solicitors. Please find their response below.

Your employment contract may dictate when the rota should be issued and a failure to provide the rota in accordance with the contract maybe a breach of contract. Apart from a contractual obligation to provide the rota by a certain time, then there is no other legal obligation save that the employer must act reasonably and conduct itself in a reasonable manner which includes providing reasonable notice of hours of work. It is common for a rota in the care sector setting out hours of work to be provided a week in advance.
In terms of being threatened with disciplinary action for failing to attend training the employer will be arguing that there has been a failure to comply with a reasonable instruction. However, if the employee has a legitimate reason for not being able to attend training then that should negate any disciplinary action. Further the employers instruction needs to be “reasonable” – the later it is given the less reasonable it is.

Best wishes,

Sheila


What would you like to ask Sheila?

Sheila Scott OBE from National Care Association (NCA). Care is Sheila’s life; she possesses a strong command of the issues facing the care sector informed by her long career as a nursing professional, the owner and manager of a care business and as a leader in the care sector.

Sheila will try to answer as many of your questions as possible, giving priority to frequently asked questions and questions regarding current events and trends.

Please note that Sheila can not offer answers to matters requiring legal advice. If your matter concerns a specific service provider, please contact the CQC.







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