Can my company do this?

MrAverage

Hi fellow MSE fans

I have a query, which I find myself in a difficult situation.
There are 4 of us doing 4 on 4 off shifts, 7 days a week.
Each one of us is entitled to 22 days a year holiday.

We all used to cover each other for holidays when we were needed to. Yes its tiring doing 72 hours but the money really makes up for it.

This year my company has employed another person solely as holiday cover, thus reducing our overtime. Can they restrict our earnings like this?

The mathematics of this dont seem to add up as 4 people covering 22 days holiday = 88 days, yet they are paying someone to cover all the holidays by making them work 180 days.
If we had to work a bank holiday covering a colleague, we dont get any extra, yet the person now who is covering receives extra payment, due to them being on a 40 hour, 5 day contract.

Is there a case for constructive dismissal if it got to that point, as the company is adamant all our overtime is at a minimum.
It cannot be financial reasons that the company have taken this stand as they would not employ a person just to do this.

I know overtime is not guaranteed in any business but it seems to be deliberately removed from our choice, just because the person who got the job is good friends with the managers.

I feel like we are being robbed, yet seems to be little we can do about it.
Any advice is welcomed.

withabix

MrAverage wrote: »

This year my company has employed another person solely as holiday cover, thus reducing our overtime. Can they restrict our earnings like this?

Yes they can and they are obliged to in order to comply with the Working Time Directive.

You are not entitled to overtime. It isn't a right, no matter how long it has been going on for.

There is no case for Constructive Dismissal.

They can employ someone on whatever terms and conditions they like, as long as they are reasonable and legal. I can't see any issue with what they have done.

lucylucky

Yes they can.

As you said overtime is not guaranteed.

liney

I assume you recieved a premium rate whilst covering the holidays, which the new employee will not, and will therefore go some way to justifying the cost.

Even if the above is not the true, overtime is at the discretion of the company, not dictated by the employee.

custardy

thats a new one
most people would be moaning at having to cover the holidays

getmore4less

They can employ extra people as needed.
4 people to cover 24/7 with 12hr shift is pushing it.

You would normaly also include some allowance for sick as well as holiday with a cover type person,

What can you do, not a lot.
Look for extra work to fill the days off.
A silent work to rule,
Be unavailable to cover this other person if they go off sick or become unreliable.
Allways make sure you get your holidays at times you want
Start asking for holidays at the same time, now you have cover any old rule of only one at a time carries less weight.

How can a 40hr 5day contract cover 12hr shifts, what are they doing the rest of the time

Rockporkchop

The new person could be on a lower wage, making it much more financially viable to employ them instead of paying you all overtime.

Also, it doesn't make sense to pay premium rates but have your staff tired, worn out and under productive for a large proportion of the year.

getmore4less

As well as the above with 4 people maxed out

One leaves not a healthy situation and very exposed as an employer.

mountainofdebt

I would disagree also that they have restricted your earnings.......you are still getting the same basic salary as before but the opportunity for overtime (which is not a given right) has been reduced.

MrAverage

liney wrote: »

I assume you recieved a premium rate whilst covering the holidays, which the new employee will not, and will therefore go some way to justifying the cost.

Even if the above is not the true, overtime is at the discretion of the company, not dictated by the employee.

No we dont receive a premium for covering.
The person covering is on the same salary as we are with an exception they are on a 40 hour contract.

If they cover a bank holiday they do get more, we dont as part of our contract.

My point is surely its down to the individual if they wish to do overtime. If the salary was better paid then overtime would not be so essential.

MrAverage

getmore4less wrote: »

They can employ extra people as needed.
4 people to cover 24/7 with 12hr shift is pushing it.

How can a 40hr 5day contract cover 12hr shifts, what are they doing the rest of the time

Because this person is one of the bosses friends, they do nothing in particular.