ok to sign Working Time Directive form?

Lincoln_Imp

I take it your manager hasnt read this bit

You shouldn't be sacked or unfairly treated (for example refused promotion or overtime) for refusing to sign an opt-out.
http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10029426

bob_dob

Hi,
No it is not in writing but employees are being told to stop work if they come in to do overtime.
The manager has been told he is not allowed to discriminate but he said he doesn't care.

What can the employees do?

Sambucus_Nigra

Sign the form?

Surely the overtime is bound to go to those that have signed the opt-out form?

bob_dob

I think you misunderstood my question.

Let me clarify- some employees dont want to sign the opt out. They are willing to work up to 8 hours overtime per week. The rule (?) seems to be that the employer shouldn't punish the employees or ban them from working overtime but that is exactly what is happening.
My question is if the employer voilates/ignores this, is there no one to complain to? Is it just tough luck?

liney

bob_dob wrote: »

Here's an interesting update:
The manager has decided that any worker who hasn't signed the opt-out form is not allowed to do ANY overtime.
Even the emplyees (who haven't signed) who have never ever worked over the 8 hours per week have been told they are banned from overtime.
So basically the rule which says that any employees refusing (exercising their right not to sign) to sign the opt-out should not be punished or discriminated against is a waste of time?

You could see this comming a mile off. What you employer does and what you can prove your employer does are often two different things.

Your employer is rewarding the people who are not giving him/her a headache. It could have been worse: they could have enforced a shift pattern change, or taken more staff on so that no overtime was available at all, both viable options.

It sounds to me like you are used to working overtime as it suits you, ie people assume they can carry on working and are annoyed they have been told to stop, which isn't how most companies work.

If I was your employer i'd keep a written note of those asking for overtime. If you 'non opters' have the hump and don't ask, then it's not my problem. If you do ask, I can give out an arbitary amount to you 'non opters' whilst giving the majority to the 'opters'. My records would show no blanket ban had taken place and how would you prove otherwise?

bob_dob

Hmmm.....so unless it's 'on paper' then it is in fact tough luck?
Ps- As stated- the manager has actually announced that those who have not opted out will NOT get any overtime.

liney

bob_dob wrote: »

Hmmm.....so unless it's 'on paper' then it is in fact tough luck?
Ps- As stated- the manager has actually announced that those who have not opted out will NOT get any overtime.

I suppose the correct advice is to speak to the Union, but I feel the emphasis will be on proof.

getmore4less

bob_dob wrote: »

Hmmm.....so unless it's 'on paper' then it is in fact tough luck?
Ps- As stated- the manager has actually announced that those who have not opted out will NOT get any overtime.

So you go to the managers mangers(or higher/hr/union) and point out to them that they are acting illegaly and that they should monitor the overime to seek evidence or take the allocation of overtime out of the mangers hands.

Suddenly all those that were regularly doing overtime will stop for those not signed.

bob_dob

.....or it gets shared again, but this time the manager has to monitor individuals but a lot less individuals than before?

zzzLazyDaisy

As a manager, if you have some employees who are only willing to work less than 8 hours overtime a week, and cause you extra paperwork, and then you have other employees who are willing to work all the over-time you can throw at them and don't need monitoring, it seems logical to give the over-time to those who actually want to work and don't cause you any hassle.

Yes it is true that deliberately discriminating against employees who refuse to sign an opt-out is unlawful, but to be honest I can see why it might happen....