Threatening Disciplinary For Refusing Overtime

Wkdwill

Hi

My husband has recently gone back to an old job after leaving due to illness, since starting back under a new manager he is constantly threatened with disciplinary or even dismissal for refusing overtime.

He works shifts of 3 days on, 3 off, 3 nights on, 3 off and so on which works out at 48 hours a week, he doesn't refuse all overtime, he simply says that the overtime he is prepaired to do fits in with his shift pattern and is either on the begining or end of a shift pattern. As in he doesn't want to work a day shift the day before a night shift or work in the middle of his days off.

He has worked there for 8 weeks now and done 3 days overtime so far, we also have a baby now and he would like to spend as much time with her as possible, he hasn't been given any contract or signed anything.

Im just wondering where he stands, I dont think my husband is being unreasonable as his boss simply refuses to take anymore staff on even though he knows they are under staffed.

reehsetin

not sure about the rest
pretty sure the company have to give him a written contract within two months

All employees taken on for one month or more are entitled by law to be given, within two months of the date the employment starts, a written statement setting out the main particulars. This statement will not necessarily cover every aspect of the contract, but will constitute important evidence of the principal terms and conditions.

http://www.berr.gov.uk/employment/employment-legislation/employment-guidance/page16161.html

poe.tuesday

this may be of some help

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028439

the other thing to think about is the working time regulations which state that workers can not be forced to work over 48 hours per week (I believe that this is worked out over a 17 week period)

Wkdwill

poe.tuesday wrote: »

this may be of some help

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028439

the other thing to think about is the working time regulations which state that workers can not be forced to work over 48 hours per week (I believe that this is worked out over a 17 week period)

Thanks

This is what I thought, I think his boss is just being unreasonable, for 2 weeks in a row they phoned him everyday he had off to work overtime, which he did do 2 days.

They even suspended one person for one day because they didnt go in to do overtime because his niece was admitted to hospital (which my husband ended up covering the overtime for), a lot of the staff have left due to this one manager who was apperently brought in from another depot.

LittleVoice

As well as the fact that you can't be forced to work more than 48-hours/week on average, if they did try to dismiss on the grounds that he wouldn't do overtime that took him over 48-hours then that would be an unfair dismissal as it would because he was asserting a statutory right (not to work more than 48 hours).

jai_2

Does the contract (if he has one) say anything about overtime? Its sounds like he is being bullied and if your husband does not belong to a union it would be a good idea if he contacted ACAS (see website) for advice

Conor_3

Wkdwill wrote: »

He works shifts of 3 days on, 3 off, 3 nights on, 3 off and so on which works out at 48 hours a week, he doesn't refuse all overtime, he simply says that the overtime he is prepaired to do fits in with his shift pattern and is either on the begining or end of a shift pattern. As in he doesn't want to work a day shift the day before a night shift or work in the middle of his days off.

Im just wondering where he stands, I dont think my husband is being unreasonable as his boss simply refuses to take anymore staff on even though he knows they are under staffed.

Under the Working Time Directive, sadly he only has to have a minimum of 11 hours daily rest. Also there are health implications. I've done what your husband doesn't want to as a HGV driver. It ain't good and it makes you feel ill. What he could do if his employer insists on this is ask his employer for a health assesment which his employer HAS to provide under the WTD for night workers.

He needs to see a contract though. Personally, if I was working for a company that didn't employ enough and was getting the grief he was, I'd work to rule. Can't sack you for that.

LittleVoice

He also needs to check whether he has opted out of the 48-hour week. Many employers slip such a clause into documents they ask you to sign when you begin work. If he did sign such a document, then he needs to give notice of withdrawing from it.

By the way, it really does need the employee's signature to opt out - it is not just something which can be put in the written particulars of employment which don't have to be signed.

Bismarck

I was about to check whether they'd opted out or not.

The pattern itself looks bad enough : "3 days on, 3 off, 3 nights on, 3 off and so on which works out at 48 hours a week, " it's neither night nor day and there seems to be time to orientate yourself within that and can't believe it's that great a place to work at if this is the way they do things.

I appreciate needs must to a point but this could make him ill again.