Contract says may be asked to work extra house as necessary/contract question

oliel

I have worked for one company for a number of  years my employment contract states my initial part time hours but i have worked full time for a few years there now.   My contract states "may be required to work extra hours as required".  I have done many extra hours over the years and have never been paid for them,  My extra hours don't take me below the minimum wage.  I rarely work until my contracted time as it's so busy - where do i stand on this?  I also would like to know could they just drop my hours if they wanted to as my initial contract was part time?  Ive been there over 15 years.  Thanks for any advice.

DullGreyGuy

oliel said:

I have worked for one company for a number of  years my employment contract states my initial part time hours but i have worked full time for a few years there now.   My contract states "may be required to work extra hours as required".  I have done many extra hours over the years and have never been paid for them,  My extra hours don't take me below the minimum wage.  I rarely work until my contracted time as it's so busy - where do i stand on this?  I also would like to know could they just drop my hours if they wanted to as my initial contract was part time?  Ive been there over 15 years.  Thanks for any advice.

is your contract salary or hourly? 

Not clear how you have ended up working over full time, paid full time, but believe that you are on a part time contract? Need a bit more history. 

oliel

My initial contract was for 2 days a week over 15 years ago iv'e been working full time for  a few years - full salary full time.  Contract has never been updated 

elsien

There’s a difference between working a few extra hours here and there as required and regularly working over every day because there’s too much work to fit in. 

Unless you’re a CEO getting paid a huge amount of salary to carry extra responsibilities I would probably be having that discussion with my manager. 

Contracts don’t have to be written. At some point it’s clearly been agreed that you will be moving to full-time so you effectively now have a full-time contract. I’m guessing your payslip is not showing the extra hours as overtime? 

How many hours are you working in the average week, including the extra that you do, and how many hours is full-time in your company?

gwynlas

Your initiaal contract was for part time hours and they have failed to issue a new one however by working full time you have gained the advantages this implies,

I presume you are paid full time rate for holidays etc, Your pay must have increased over the years if you earn more than the minimum wage despite extra hours which implies a salary rather than hoursly rate.

Any reduction in hours should be discussed  the same as other full time contracted staff

StevenB12

I was also in the same boat, I'm on a salary and contracted to 40 hours a week, however it dictates in my contract that my hours will need to meet the demand of the site I'm on during busy times etc or critical works, over the past 5 month I haven't worked any less than 70 hours per week with travel. 

I brought this up and I'm waiting for my review etc but not much will change! The swings and roundabouts of being on a salary. 

Your hours can be dropped, but typically you will recieve notice of this and if it becomes a permanent thing then again typically a new contract be written to reflect the change in hours. 

DullGreyGuy

StevenB12 said:

over the past 5 month I haven't worked any less than 70 hours per week with travel. 

Whats it without travel?

What "travel" are you referring to? Just your commute to the office or to various different sites? Do you travel in your own time or your employers?

Have you signed a waiver to the work time directive?

EnPointe

DullGreyGuy said:

StevenB12 said:

over the past 5 month I haven't worked any less than 70 hours per week with travel. 

Whats it without travel?

What "travel" are you referring to? Just your commute to the office or to various different sites? Do you travel in your own time or your employers?

Have you signed a waiver to the work time directive?

additionally at that 70 hours / week what is your hourly  rate based on your salary ? ( doubly so if not no 1:1 or better TOIL arrangement )

StevenB12

Without travel its 55 hours a week on site time. One site in terms of travel with the exception of twice a month to the office for health and safety meetings. My hourly rate based on a 40 hour contract breaks down to £22. 

Opted out of the working time regs, which I have done for the past 8 or 9 years now, but my previous salaried roles have always paid extra on hours worked over the contracted, this role does not, sadly. 

elsien

You could always opt back in again.

oliel

elsien said:

There’s a difference between working a few extra hours here and there as required and regularly working over every day because there’s too much work to fit in. 

Unless you’re a CEO getting paid a huge amount of salary to carry extra responsibilities I would probably be having that discussion with my manager. 

Contracts don’t have to be written. At some point it’s clearly been agreed that you will be moving to full-time so you effectively now have a full-time contract. I’m guessing your payslip is not showing the extra hours as overtime? 

How many hours are you working in the average week, including the extra that you do, and how many hours is full-time in your company?

My full time hours are 39 hours per week - i regularly do at least 1 hour extra per week used to do way more but have started trying to leave on time.