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Employer trying to make us work longer hours

Hi,

I work for a fairly large company within thr UK.

Our shifts are rostered for 8hours 45 mins atm (we have a 45min break because of the type of job).

Through out the year we are contracted into compulsory overtime which is prepaid to us, with wimhich we must do a certain amount of OT per month.

They are now saying, come April that we will be working, at their discretion 11hour shifts inc break. With anything after the 8hours 45mins being OT.

Our contract states this -

"Working Hours

While this agreement is in place, your maximum compulsory working shift will be
10.25 hours, excluding breaks but including end of shift overtime and rest day
overtime."

But, it then goes onto say this

"Contractual Overtime

Any overtime beyond the reference period requirement, and/or where less than
seven days-notice is given, is voluntary."


Come April I will only have to so 12.5hours OT per month as part of my contracted over time for the year (150hours). So, once I've done my 12.5hours per month, can they legally keep me working?

Comments

  • Ross39
    Ross39 Posts: 20 Forumite
    I cant seem to edit the post but forgot to mention our standard working hours are contracted 1885 per year, which works out at 8hiurs per shift.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    edited 12 January 2019 at 10:35AM
    The contract allows for the 11hr shift.

    It would seem the next bit may limit the number of then that can fit into the reference period.

    You don't say what the reference period is.

    BUT
    and/or where less than
    seven days-notice is given

    they seem to have met the 7day notice requirement to make the OT compulsory and not Voluntary.
  • Ross39
    Ross39 Posts: 20 Forumite
    Thank you for replying.

    For reference period, the compulsory OT will be 12.5hrs per month.


    With us only being contracted for 150hours OT over the year/12.5hours per month, would that not allow us to say we are not doing any more? Or can they make us work more than we are contracted for?
  • Ross39
    Ross39 Posts: 20 Forumite
    Contrated ot per month, not compulsory
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    From what you have written the contractual overtime is variable above the minimum reference period amount.

    With 7days notice it becomes compulsory(or not voluntary).
  • Ross39
    Ross39 Posts: 20 Forumite
    Thanks for the reply again.

    Not the answer I wanted, but at least I know where I stand with it. Thank you.
  • getmore4less
    getmore4less Posts: 46,882 Forumite
    Part of the Furniture 10,000 Posts Name Dropper I've helped Parliament
    Don't forget all this overtime gets holiday pay.
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