Employment Laws

[Guest]

it has come from head office that if we have annual leave booked and are off work but Ofsted turn up we will be called up to come into the nursery.

 

i can understand that they want the whole team there to support each other during an inspection, however i think it is completely out of order to expect us to give up a holiday day and also for them to phone us at home, obviously if we are abroad they couldnt expct us to come in but i have booked time off to spnd time with my partner and to do work on our new house, i alrady give up so much of my own time.

 

are they legally allowed to do this???

[Helen]

I can't give a legal answer to this one, but as an employer, I think it's not lawful Apart from clearly over-stepping the privacy issues of calling you at home and asking you to come in, Ofsted have repeatedly said that an inspection should be seeing the setting running as normal ON THAT DAY, and special arrangements should not be in place. If your employers think that the setting wil not be at its best without insisting all staff come in for the inspection, then they need to look carefully at making it the best it can be, EVERY day.

 

On a lighter note, I can't see how they wil be able to contact you and insist you come in.......you don't have to answer the phone

[Guest Wolfie]

I completely agree with everything that Helen has said and am sure that they cannot enforce this legally.

[Guest]

Agree with Helen, you say this has 'just' come from head office, legaly employers can change contracts, but is this requirement actualy in / added to your contract of employment? And although employers can change contract details you don't have to agree to them.

Maybe for your own satisfaction you should get legal advice, maybe from CAB. I would think that this would infringe on work/life balance laws, but don't know for sure.

 

As an employer I certainly wouldn't want a member of staff in on the day of inspection if that member of staff didn't want to be there. (which quite understandably you wouldn't if it's your annual leave).

 

Peggy

[HappyMaz]

My first action would be to check what it says in my contract. Then I'd give ACAS a call and find out if its legal (bearing in mind that employers can make any change they want to your contract provided they follow the correct procedures, and provided what they are changing is legal).

 

I'd go with Helen - let all calls during your holiday go to the answering machine and only answer when you're sure its not work calling.

 

As others have said, Mrs Ofsted will take a very dim view of extra staff being called in on their day off just for the inspection. That's a bit akin to making sure all the challenging children are away on a trip during the inspection...

 

Maz