Enforced overtime working

inglorius

Sarastro wrote: »

http://www.welfareatwork.co.uk/unpaid-overtime-know-your-rights.html

You can't be forced to do more than 48 hours a week but even if you are breaching this your employer could argue it's annualised.

Your employer also has to abide by the terms in your contract so if it isn't in there, you don't have to do it. However, it sounds suitably vaguely worded to be unclear. Does it say anything about how you will be compensated for the overtime? e.g. time off in lieu? Does it say anything about who decides when you do the overtime? If not, you can negotiate with them and you don't have to do it.

You can either have a debate with them about the definition of reasonable in the contract or try to negotiate a change in the terms of the contract. Remember your employer can't discriminate against any one individual so if they are expecting different things of different managers, you have a good case for changing things.

If you have a Union rep, I'd go and speak to them as well as ACAS.

There's nothing in my contract to stipulate how any overtime hours will be compensated expect the standard catch all phrase in most employment documents stating employees are expected to work a "reasonable" amount of unpaid overtime as part of their job. I did debate this with my Line Manager and his view, surprisingly, was different to mine regards what "reasonable" is.

The company doesn't recognise a Union on site, quite frankly I am becoming very intolerant of way the company allows exceptions in certain cases - one of my peers is granted 25 days holiday yet I only have 20 days holiday even though we do the same role. WE recently went onto a double day shift working pattern but certain individuals were allowed to be exempted from this pattern and work standard days.

TELLIT01

inglorius wrote: »

Sorry, did you mean 14 hours overtime a week to be reasonable or reasonable?

Apologies. I would NOT consider 14 hours overtime per week reasonable.

sangie595

inglorius wrote: »

Short answer - no.

Nevertheless, you have two choices. Do the hours required, or find another job before you are dismissed. "Reasonable" is as long as a piece of string. You were warned about the fact that the run up to Christmas required additional working hours. And it doesn't matter whether you or we think that the demand is reasonable or not - there is no legal definition of reasonable, and no arbiter for this dispute. The employer is acting within the law and within the terms of the contract, and has also agreed to trade the hours worked for time off during the rest of the year. As for others having different terms, there may be sound (and lawful) reasons for this - nothing in law says that you must have the same terms of work as others. And the employer is not about to take the approach that it'll be ok to not work to much before Christmas if this is one of their busiest periods.

I accept that you don't think it's reasonable. But that leaves you with only one option. Leave.

General_Grant

OP - does your holiday year end on 31 December, 31 March or some other date?

BorisThomson

TELLIT01 wrote: »

Apologies. I would NOT consider 14 hours overtime per week reasonable.

I would if it is solely for the Christmas period.

OP can I suggest you check when the lieu days can be taken? You assume you can take them at your discretion, the employer may have different ideas.

TELLIT01

BorisThomson wrote: »

I would if it is solely for the Christmas period.

If the Christmas period was maybe 4 weeks or so, but we're currently still 10 weeks or more away from Christmas. The OP will be building up 15 to 20 days of lieu time. If others are doing the same I wonder when / if they will ever be given the opportunity to take the time off.

Samsung_Note2

inglorius wrote: »

I joined my present company about 9 months ago as a salaried supervisor, during the interview I was told that during the run up to Xmas then the company gets very busy and works additional hours to satisfy the company order book.

Did you ask when this normally started...supermarkets are already ramping up for Christmas,whilst the Santa grotto would really start until a week or so before the big day.

Last week I requested annual leave in November, I was told that there is a company ban on holiday being taken between November and December due to the seasonal uplift (there is nothing in my employment contract to state there is a ban on holidays during this period).

Did you ask in the industry your in if that would be the case...?

A few days later a shift rota was circulated detailing that from the start of November I was slated for working either a Saturday or Sunday a.m. or p.m. 8 hour shift for the 8 weeks preceding Xmas, again this is not stated in my employment contract merely I am supposed to work a reasonable amount of overtime when requested. I saw my Line Manager and told him that I regularly work 5-6 hours unpaid overtime a week and I would classify this as reasonable, not working 14 hours a week.

The 5-6 hours a week..can you simply stop doing that.you straight away gain that 5-6 hours back.

At the same time I asked about payment for this overtime, I was told that as I was a supervisor this would be expected to be included as a reasonable amount of unpaid overtime given the seasonal uplift period, but as a recognition the company would look at giving back a day in lieu for weekend worked (even though hourly paid staff on a Sunday for example would be paid double time plus a shift increment of 10% for working a p.m. shift).

I am not enamoured by the whole situation and quite frankly do not want to work any weekend overtime, please could you advise me of my employment rights,

TIA

Seems pretty simple to me,either ask to drop down to a normal worker and accept the pay rate and shift pattern etc.
or
Carry on and just think christmas will soon be here and gone and normality will resume.

If that doesn't suit then look for another job and ask all relevant questions at interview stage.

It would appear your in a supervisor role with responsibilities and no doubt benefits over a hourly paid worker...but not quite at the higher level where you get to pick and choose the job role...lol.