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Contracted Hours Anomoly

I currently work Mon-Fri 35Hrs per week with an unpaid 1Hr break each day. We also have to work forced over-time during the week so end up working 10-11-12 Hr shifts.

A competitor has gone bust & my company have taken over the contract. We have now been told that we must work every Saturday & also maybe some Sundays.

Is it legal to be forced to work on my rest days?

Our contract states that we are required to work over-time with no notice & that this can be on any day including Saturday & Sunday. Is this contract legal? It seems my company are regarding me as there property & i should be available to them 7 days a week.

I don't mind working over-time during the week but believe my rest days should be mine to do what i want with.

Do i have any options here?

I know i can try to find another job but things are slow out there ATM.

Would i be able to opt out of Weekend working?

Comments

  • bellevie
    bellevie Posts: 920 Forumite
    Part of the Furniture 500 Posts Photogenic Name Dropper
    Im pretty sure, unless you have 'opted in' you can not be forced to work more than a 48 hour week.

    So unless your contract has specific days & times, they could move your days around without getting into trouble (theres normally a section in your contract about business needs) - I think so anyway, as long as they dont put you over 48 hours.

    I would have though if you have dates and times set on paper you couldnt be forced to change without a new contract.

    Might be worth going over your contract again, possibly getting advice from citizens advice or acas.

    Is it a big company, could you speak to HR without risking things getting difficult?
    MFW
    Starting debt :£287,410 -11/2020

    2022 Closing balance £271,402.45 

    2023 closing balance £263140


    Original end 11/2045 
    New end date :....... 

    Overpayments to date £609.40 (8/25)



  • ED-209
    ED-209 Posts: 32 Forumite
    Your normal working hrs are 35 per week plus 2 unpaid 30 min breaks per day.

    The company will require you to work over-time in excess of normal working hours. This can be with no notice. This can be on any day including Sat & Sun.

    Above is what is written on my contract.

    The second page of my contract states my working days are Mon-Fri. It also states that i can be required to start work up to 2hrs before my sceduled start time & that this can be on any day of the week.

    All employees were given 2 copies of this contract last year. We were told to sign both. We were to keep one & give the other to HR. I kept both contracts so my employer has no signed contract. I think though that even though i've not signed the contract by not raising any issues i've agreed to the companies terms. Is this right?

    As for the 48hr rule, am i right in thinking this is an average. I'm assuming i cannot give me employer a written statement declaring that i will not work more than 48hrs on any week.
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