custom and practice

holly_hoover

Hi yes i am paid at a higher rate and so will the person who has been brought in to take over from me he will be doing it on overtime also they say its because he is employed as a driver and im employed as a loader but i was good enough to drive for them for over 5 years doing that job my union reckon i have a case but to honest i don't really trust the union. thanks.

donnajunkie

dmg24 wrote: »

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

someone has said this to me before and i do take it on board. i just dont see what other explaination there could be. why would they take fully employed workers off overtime and require the agency workers to do all the overtime?

donnajunkie

Pete111 wrote: »

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

i think any employer can give and take away overtime any time they want. the only hours they have to give you are the hours in your contract. i would be surprised if there were contracts out there guaranteeing people overtime.

Valli

holly_hoover wrote: »

Hi yes i am paid at a higher rate and so will the person who has been brought in to take over from me he will be doing it on overtime also they say its because he is employed as a driver and im employed as a loader but i was good enough to drive for them for over 5 years doing that job my union reckon I have a case but to honest I don't really trust the union. thanks.

But if your union take the case up they will cover the costs, I believe.
If they think you have a case they will take it up with your employers at no cost to you. If you fight this independantly you will need to employ a solicitor or other legal advisers.
Why would you trust 'strangers' on a forum rather than the union of which you are a paid-up member?

donnajunkie

Valli wrote: »

But if your union take the case up they will cover the costs, I believe.
If they think you have a case they will take it up with your employers. Why would you trust 'strangers' on a forum rather than the union of which you are a paid-up member?

good point but unions dont always succeed. so i would weigh up how important the issue is to you before taking such action.

Valli

I know they don't always win but employment law is EXACTLY their area of expertise - and I personally have the utmost respect for many posters on here as they really can help - I am not used to posters who are union members asking questions - it's usually those who aren't in a union who come unstuck!

donnajunkie

Valli wrote: »

I know they don't always win but employment law is EXACTLY their area of expertise - and I personally have the utmost respect for many posters on here as they really can help - I am not used to posters who are union members asking questions - it's usually those who aren't in a union who come unstuck!

i agree. i just mean they should consider the possibility of it failing and consider whether the issue is important enough to go through it.

holly_hoover

Hi thanks for all the response and views i know employers can take overtime away at any time but when you have done a job for a certain amount of time even if it is overtime it then becomes (custom and practice) its not just about the money it was the under handed way the situation was dealt will i was informed by 2 work colleagues and not the foreman i have since spoken to the foreman who has confirmed the situation.

Valli

I take your point about custom and practice but I would assume there is also a policy about allocation of overtime. In which case someone might have raised a grievance that all overtime was being allocated (unfairly) to one person. And then they went running to you to tell you you were no longer to get the overtime. Schadenfreude!
It might be, for instance, policy to employ a driver to do a driver's overtime and not a loader...
So you need to read company policies, your contract, any and all agreements re allocation of overtime...then you'll know whether or not you HAVE been unfairly treated.

holly_hoover

Hi there has been no issue raised for unfair allocation of overtime as everybody gets roughly the same in fact alot of the boys get more than i do and they are all still getting there overtime its just mine that has been affected. i know i should be greatfull to be in a job in the current state of affairs but my wages are so crap i have to work the overtime to try and make a wage.