Having to work extra shifts over the christmas period and not being paid

trishandbubs

Where I work we have all been told that we have to work extra shifts over the christmas and new year period. I dont mind doing this but have just found out that we are not going to be paid for the extra shifts but be given an extra days holiday. Can the company do this? When I took the shifts I believed I would be paid for them and cannot afford to work for nothing. Just hoping someone would be able to let me know where I stand legally on this matter before approaching them.

Thanks

briona

trishandbubs wrote: »

Where I work we have all been told that we have to work extra shifts over the christmas and new year period. I dont mind doing this but have just found out that we are not going to be paid for the extra shifts but be given an extra days holiday. Can the company do this? When I took the shifts I believed I would be paid for them and cannot afford to work for nothing. Just hoping someone would be able to let me know where I stand legally on this matter before approaching them.

Thanks

Isn't that the same as being given Time Off In Lieu (TOIL) rather than being paid overtime? The downside of TOIL is that you only get 1hr back for every hour worked whereas if you were paid overtime you would generally get 1.5hrs' pay per hour worked.

Not a definitive answer I know! Do you have a contract? And if so what does it say in regard to working overtime or being flexible to suit the needs of the business?

Reds-on-Sea

You say extra "shifts" (plural), but "an extra days holiday" (singular?).

Have you worked out exactly how much time you'll be getting off for each hour overtime you'll be doing? Make sure you don't end up working 2 shifts, but only getting 1 day back. They might be trying to pull a fast one.

On the other hand, if the shifts are in addition to your normal ones, you shouldn't be any worse off financially (with the exception of travel expenses) than you were.

Unless you've already spent your expected overtime paycheque?

It does suck a bit though, they should have made it clear beforehand. Maybe to ease the finacial pressure, you could at least ask to have your additional hours at the start or end of your existing shifts so that you don't have to potentially travel in on your day off?

Reds-on-Sea

p.s. if you were over on the financial section of the forums, someone would comment on the fact that you're losing interest on your wages!

If you decide not to take your day in lieu until next December, your wages have potentially lost a year's interest!

In theory anyway!

ceridwen

Hmmmm....your employer should have specified at the time they asked/"asked" for extra shifts that it was TOIL instead of overtime for them.

I would echo the point about being sure that the amount of extra time off given must equal the amount of extra time worked.

Have you got anything specified about when you get this TOIL? (eg it has to be taken by end January for instance).

Personally - I would want overtime pay for those extra shifts - rather than TOIL. But if you are forced to do it on a TOIL basis - then get that "time" back pretty quickly..........just in case you ended up handing them "free" hours worked.......(ever the pessimist me - but if you make sure you take it quickly - then you make sure you DO get that time).

trishandbubs

Its really annoying as they didnt state that the shift would only be paid as a days holiday otherwise I would not have done the extra shifts. I am only employed to work 45 hours a month so need all the extra pay that I can get. The holidays we can only use up to the end of march and only one member of staff can have a day's holiday at a time. Normally if I work extra shifts I get paid for them as I dont really need to use holidays unless I was wanting a full week off and no one was able to swap a shift.

Thanks for your replies everyone

Apolonation

Unfortunately you have to work if asked I believe, didn't know this until I just researched your question!

My sister's contract actually says she doesn't have to work public holidays, but unless your contract says that you pretty much have to treat any public holiday as a working day if your employee wants you too I think!

http://blog.usefullyemployed.co.uk/2007/10/11/uk-holiday-entitlements/