Work cutting overtime- do I have any redress?

smezzer

I have been working for the same company for several years. I have set contracted hours top up my income with regular overtime hours which I have been doing continually for 8 years. These hours were never made contractual due to staff budget, but were set aside for me by the manager out of overtime. I received average holiday pay for these hours too. Like I say I did the same hours for nearly a decade with no problems.
This year however with no notice I was told by a new stand in manager that the company were entering a period of profit protection and there would be no overtime for the next few months. Obviously I explained to the manager that I depend on those hours for my income and have done for several years. He said he would see if he could do anything but nothing happened. So for a period of about 3 months I was only working my contracted hours and I lossed quite a bit of my regular income. Not to mention debt and the toll on my mental and physical health ( I already have some issues that they were awareness for and this made the situation much worse)
Is there anything I can do? I have a feeling there used to be a rule that if you worked the same hours for so many years they were considered to be contractual- but I am not sure. Any help or advice would be great.

Takeaway_Addict

smezzer wrote: »

I have been working for the same company for several years. I have set contracted hours top up my income with regular overtime hours which I have been doing continually for 8 years. These hours were never made contractual due to staff budget, but were set aside for me by the manager out of overtime. I received average holiday pay for these hours too. Like I say I did the same hours for nearly a decade with no problems.
This year however with no notice I was told by a new stand in manager that the company were entering a period of profit protection and there would be no overtime for the next few months. Obviously I explained to the manager that I depend on those hours for my income and have done for several years. He said he would see if he could do anything but nothing happened. So for a period of about 3 months I was only working my contracted hours and I lossed quite a bit of my regular income. Not to mention debt and the toll on my mental and physical health ( I already have some issues that they were awareness for and this made the situation much worse)
Is there anything I can do? I have a feeling there used to be a rule that if you worked the same hours for so many years they were considered to be contractual- but I am not sure. Any help or advice would be great.

I suspect you may have had an arguement if you had't worked under the new rules for the past 3 months....I don't suppose you did it under protest and have this in writing?

TELLIT01

I don't know if there is anything in employment law which would indicate that a regular pattern of overtime over a period of years means it becomes an entitlement. I'm sure there are people on here with knowledge of employment law who can clarify that.
Too late for you now, but it's always dangerous to assume overtime will always be available or that annual bonuses will always be paid. I've seen people come to grief in the past from making those assumptions and then having financial difficulties when they cease.

Blackbeard_of_Perranporth

Overtime is at the discretion of the employee with the employers consent. It is not a right. Not the answer you want, but if you want more more, use your legs.

Les79

smezzer wrote: »

Not to mention debt and the toll on my mental and physical health ( I already have some issues that they were awareness for and this made the situation much worse)

I'll potentially get slated for saying this, but I feel that you have to take a lion's share of responsibility with that one..


It isn't good getting yourself into a position whereby your own health and wellbeing relies on provision of overtime by your employer. It is actually a form of emotional blackmail towards the new manager in my opinion... Though truth be told I suspect that you have a more fundamental issue here by the way of "resistance to change" and that practically anything which stepped on your toes a bit would have made it worse.


Step 1 = address the fundamental health issues you have


Step 2 = learn about how you can manage to live within your means on the hours you are contracted to (be that through step 1, or by logging onto the JobCentre website, or speaking to people on here/other forums with a different thread topic etc).


If you don't, you risk living a life which is like a house of cards; so easy to blow over.

Is there anything I can do? I have a feeling there used to be a rule that if you worked the same hours for so many years they were considered to be contractual- but I am not sure. Any help or advice would be great.

There might be to be fair..


But unless someone comes along with more info (PS it would help if you elaborated on your core contract; working hours etc) my only other recommendation is to speak to CAB.

Masomnia

If you've done the same shift pattern for 8 years and they've based you annual leave entitlement on it then I think you could reasonably claim through custom and practice that those were your contracted hours, and that they've breached your contract by ending it. Unfortunately I agree with TA that if you've been working the new hours for 3 months then you'd be deemed to have accepted the change. It is something you'd need to take advice on.

[Deleted User]

smezzer wrote: »

I have a feeling there used to be a rule that if you worked the same hours for so many years they were considered to be contractual- but I am not sure. Any help or advice would be great.

Don't know how accurate this is. Sorry.

The team I am in is going from traditional office hours to working shifts into late nights and I was surprised to see someone long term and the bosses right hand woman pretty much and who I would have thought the more right to be resistant is going with the changes. (Upshot to us is of course earning whilst no more bother going to job interviews in the mornings when it arises and getting away from working the dreadful mundane 9-5)

Won't you be glad of no overtime, if say, the job is stressful or not enjoyable. I think the last time I done voluntary OT has to be a good couple of years.

ReadingTim

Masomnia wrote: »

If you've done the same shift pattern for 8 years and they've based you annual leave entitlement on it then I think you could reasonably claim through custom and practice that those were your contracted hours, and that they've breached your contract by ending it. Unfortunately I agree with TA that if you've been working the new hours for 3 months then you'd be deemed to have accepted the change. It is something you'd need to take advice on.

Furthermore, the company can make changes to hours and pay as per the needs of the business, and if they've determined that there isn't the work or the money available to support the overtime, then they're perfectly within their rights to withdraw it. I don't know what the OP means by "a period of profit protection", but it sounds like the sort of things you'd do to stop yourself going under - cutting overtime, and if that doesn't work, cutting people.

If the OP can't make ends meet on his contracted hours, he or she needs to find a 2nd job to top up his/her earnings, and/or a better paying 1st job, as their employer might be in trouble...