Long working hours and NMW

ALEXJONES1989

A query about my employer and what rights I have.

After losing my job during the pandemic, I took an engineering job supporting the oil and gas industry (I specialise in a specific engineering process, my role offshore is to survey/inspect plant and audit maintenance schedules) starting in January basically the same rank and title as my old job, but a reduced salary of £36k a year – about a 20% pay cut from my previous role - but that is just how it is at the moment.

I knew the job would involve some offshore oil rig working, and this is totally new to me, I've worked in heavy industry most of my career - I was expecting - as discussed with my then future employer - a few days offshore per month to carry out inspections of plant, and audits of plant maintenance – although my job is based onshore. Certainly it started exactly like that, a 2 day trip in February, 3 days in March and 5 days in April.

Anyway, my query.

In May I worked 310 hours, and in June I’m on course to work the same again. I generally work 91hr weeks when offshore, and spent 3wks off in May, and will spend 3wks off in June – when not offshore, I work 37.5hrs in the office. Obviously when offshore I am – by definition – living, sleeping, breathing work (and let me assure you - the strict Covid restrictions onboard do not in any way make life fun out here, or make the 3 weeks go in fast! The particular rig I am writing this from feels quite prison like).

My query, when broken down my salary into 52 weeks – then dividing that by 91hrs – I am actually significantly below minimum wage. When you work it out monthly, it creeps above it. I do not get any uplift for going offshore in my contract – although get weekends worked back in lieu (but that isn’t written down anywhere, it’s an informal agreement).

Obviously I am very close to quitting this job, as I feel my employer is taking the p!ss – but is what they are doing even legal? When I approach the company owner I want armed with as much information as possible so figured it is maybe best to ask here.

alsuk

Try calling ACAS. They have always been very helpful in the past for me

pinkshoes

What does your contract specifically say about offshore working? Does it say a maximum number of days per month?

If you are working 91 hours in a week rather than 37.5, then they should be giving you time off in lieu. as that is over 7 full office days extra!!!

I would just meet with your manager, I would also record it so you can listen back to anything said, and just ask him to clarify the offshore working hours, how many days per month this will be, and given it is double the amount of hours per day as normal, do they plan on paying you for this over time or giving you time off in lieu. Ask for this in writing.

After the meeting, use your recording to write a summary of what was said, and email it to your boss. 

(you do not have to notify your boss that the meeting is recorded, it just means that you cannot use this as evidence in a court of law. You can use it to write a summary of what was said though).

TBagpuss

I agree that a  call to ACAS would be helpful. My understanding is that even while offshore, time spent sleeping and not on duty would not be classed as working, so if you are including that time in your calculation I suspect that you will need to re-calculate. 

Also, check your contract. f the normal working week is supposed to be 37.5 hours and you are actually *working* a lot more than that while offshore, it would not be unreasonable to ask for TOIL to make up for this.