custom and practice

holly_hoover

Hi ive worked as a refuse collector for 8 years now and my job title is loader though for the past 5 years every weekend with out fail i have driven a road sweeper as overtime and as of yesterday my foreman said as from next weekend my overtime will stop but they have appointed someone else to the overtime in my place do i have any rights to appeal via custom and practice?? thanks

Vader123

No, there is no right to overtime.

They are obliged to meet only whats in your contract.

Vader

ohreally

Raise this with your union steward as there will almost certainly be agreements in place offering protection from this type of scenario.

The overtime working has been established and accepted by management and has been maintained for 5 years establishing customary working arrangements.

To show custom and practise you need to demonstrate the practise was reasonable, certain and notorious. Speak with your union as a matter of urgency as this can be resolved.

donnajunkie

i know someone who works as a litter picker for my local council. he gets loads of overtime and is only employed through an agency and therefore gets a lower hourly rate than the fully employed workers. so i suspect while there are exemptions that councils mainly give overtime to the agency workers as i guess it is cheaper. so unless you have upset them in some way it wont be personally against you why you have been taken off overtime work, just cost cutting most likely.

dmg24

donnajunkie wrote: »

i know someone who works as a litter picker for my local council. he gets loads of overtime and is only employed through an agency and therefore gets a lower hourly rate than the fully employed workers. so i suspect while there are exemptions that councils mainly give overtime to the agency workers as i guess it is cheaper. so unless you have upset them in some way it wont be personally against you why you have been taken off overtime work, just cost cutting most likely.

It is unlikely that the agency worker would cost less to the employer than the permanent employee.

Pete111

If they are simply allocating the overtime to someone else rather than ceasing it entirely for say cost reasons, I would say that 5 years gives you a right to claim this is an implied term and condition of your employment and should remain with you.

P

unluckyone

did you ask them why they have done what they have and given it to someone else?
did they ever give you any feedback to let you know you were either doing a good job or a bad job?

holly_hoover

Hi and thanks for the replies there has been No complaint about my work as my supervisor has already told me as much its to save money pure and simple they have taken a road sweeper off the road and put someone else on to my run that i done as overtime ive never missed a shift or let them down they didn't even have the decency to tell me up front it was other work colleagues that informed me so any advise would be great thanks..

ohreally

holly_hoover wrote: »

so any advise would be great thanks..

What advice do you want to hear?

holly_hoover

Hi im looking for any advice as to where i have a case under custom and practice or am i just waisting my time?? thanks

Pete111

You may still be able to argue this but am I right in thinking that doing this as OT means you are paid at a higher rate? and than the new person be doing it as their core job ?