custom and practice

Pete111

donnajunkie wrote: »

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.

Contracts would potentially be irrelevant here - being paid to do something every weekend for 5 years means it has likely become an implied term and condition. Ie it has become part of your role.

If they were taking it away entirely then its probably defendable from an employers point of view from a cost cutting perpective. If they are passing it on to someone else then there is a case to argue its unfair. If they are passing it on to someone on a non OT basis (ie it's cheaper) the waters become more muddy beacuse a bit of each argument may apply!

Holly - are you in a Union? If so give them a bell.

Valli

Pete111 wrote: »

Holly - are you in a Union? If so give them a bell.

'she?' is - but she doesn't trust them!

holly_hoover

Hi there thanks for that. Its exactly what i mean ive done that job for 5 years minimum every weekend without fail never missed a shift ect they have given the job to another full time employee and i have no hassle with the guy that has been asked to do it its not his fault he is only doing what he has been asked to do but yes he will cover it on overtime the only difference between us is he is employed as a driver and im employed as a loader but as i say they had me driving for 5 years when it suited them but im pretty sure that custom and practice comes into play even though its only overtime. i have spoken to my union but im not sure they are to be trusted as they have let the workforce down before a few times on some very important issues.

Pete111

holly_hoover wrote: »

Hi there thanks for that. Its exactly what i mean ive done that job for 5 years minimum every weekend without fail never missed a shift ect they have given the job to another full time employee and i have no hassle with the guy that has been asked to do it its not his fault he is only doing what he has been asked to do but yes he will cover it on overtime the only difference between us is he is employed as a driver and im employed as a loader but as i say they had me driving for 5 years when it suited them but im pretty sure that custom and practice comes into play even though its only overtime. i have spoken to my union but im not sure they are to be trusted as they have let the workforce down before a few times on some very important issues.

If so I would push back on this. 5 years doing this task is a very long time and easily enough to satisfy a tribunal (not that you want to end up there....) that this OT work is yours via C&P if it's anyones at all.

I would speak to the union - they will be well placed to advise if you are uncomfortable approaching Mgt directly.

holly_hoover

Hi my union say i have a very good case but i just don't trust them to do the best job for me as my shop steward filled out my grievance form today even though they hit the main points about loss of wages ect they failed to put was the grievance was really about and left out some major points and if it did end up at a tribunal the judge would through it out as the main points are not stated ect ??

donnajunkie

holly_hoover wrote: »

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.

it sounds like they operate like my local council. i was on work placement at mine. we got told to do weeding one day and everyone else had a tool except me. so i could not do anything really. the next time i went in a young lad arrived in a van and told me they didnt want me anymore. i was working for them for free and they still treated me like that. in the end it turned out to be a favour because i went to work somewhere miles better.