Can my employer increase my working hours?

andygunner

Hi all,

My employer is really pushing his luck with the hours he expects me to work.

My contract states:

Mon-Fri 8.45 to 5.30
Sat 9-1
In addition it states that I am required to work alternate Saturdays and if I do work a Saturday I am entitled to a half day in the week and a 30 minute lunch break.

Currently I am asked to work:
Mon - Thurs: 8.45-5.30
Fri 8:45 - 5.00
Sat 9-1
Instead of working alternate saturdays, I am having to work two in a row before I get one off. I no longer get a half day in the week. I no longer get a lunch break.

NOW my boss has emailed to say I am required to work until 6pm Mon-Thurs, instead of 5.30. This is an extra 8 hours every 4 weeks, and brings the total amount of extra hours i am working every 4 weeks contrary to my contract to 32 without ANY EXTRA PAY! Or in simple terms 49.5 hours a week compared to originally 40.....

I just wanted to know what the legal standpoint on this is, and how I should raise my disagreement to this latest request to work until 6pm.

Any advice greatly apprecaited.

Googlewhacker

ultimately as long as you don't go under NMW then yes he can, this I guess is the consultation period so get together your suggestions, ie if you work later you get an hours lunch instead of 30 minutes etc

Hammyman

By law you are only legally entitled to 20 minute break so as long as you're getting a 20 minute break at some point up to 6hrs after starting, they're complying with the law. If "no lunch" means no break then they're breaking the law.

andygunner

Whats the point in having a contract that states my hours then?!!!

Mrs_Arcanum

If you are paid an hourly rate, surely he cannot ask you to work more hours without paying.

You need to work out your weekly pay & divide this by the number of hours worked as it could easily become below NMW which will give you a starting point to argue from. Also I thought the maximum time you could work without a break is 5 hours (even if it is only 10 minutes at this point).

How long have you worked there?

Would also point out without lunch breaks you are working over 51 hours when the maximum working week is 48 hours unless you specifically opt out.

Googlewhacker

andygunner wrote: »

Whats the point in having a contract that states my hours then?!!!

Because the boss should be doing contract changes in a proper manner with a consultation etc so that it is a fair thing but ultimately if it is for business needs then yes they can push it through with little chance of losing at a tribunal.

Might be worth you giving ACAS a call.

Googlewhacker

Mrs_Arcanum wrote: »

If you are paid an hourly rate, surely he cannot ask you to work more hours without paying.

You need to work out your weekly pay & divide this by the number of hours worked as it could easily become below NMW which will give you a starting point to argue from. Also I thought the maximum time you could work without a break is 5 hours (even if it is only 10 minutes at this point).

How long have you worked there?

Course he can ask and the OP can say no but as explained if the boss wants he could most likely push a contract change through.

And it is 6 hours with no break, as soon as you go over 6 hours you are entitled to 20 minutes.

Sambucus_Nigra

Do you get paid for these extra hours?

andygunner

Mrs_Arcanum wrote: »

If you are paid an hourly rate, surely he cannot ask you to work more hours without paying.

You need to work out your weekly pay & divide this by the number of hours worked as it could easily become below NMW which will give you a starting point to argue from. Also I thought the maximum time you could work without a break is 5 hours (even if it is only 10 minutes at this point).

How long have you worked there?

I am salaried - £21500p.a. so i doubt it equates to below minimum wage - roughly it works out £8p/h... Ive worked here 5 years and over the last three, every few months he announces another thing like no breaks 'because it doesnt fit with the politics of the company' and now a demand to work until 6pm... I guess the real answer is to work somewhere else!

andygunner

Sambucus_Nigra wrote: »

Do you get paid for these extra hours?

No - I havent had a pay rise for three years.

Googlewhacker

is the company struggling because it sounds like it is if the boss has only recently just started to ask for changes.

Put your arguement forward but fully expect him to say no, if he does start looking for another job IMO