Hello, I am currently under a 17 hours per week contract. However, over the last six months or more, I have consistently worked 6.5 hours extra per week. I have heard that this regularly worked overtime becomes a contract because it was over a period of time? If true, can anyone point me in the direction of UK Employment law that supports this? Thank you

Hi folks, I'm new here. I was recommended to seek advice on here from a friend with a problem I am having at my work at the moment. I have done a search on here and round the government website about overtime but quite a lot of it is contradicting or confusing. My situation is that I am a full time Uni student in my final year (busy busy). I work in a retail shop on a 15 hour per week contract. Now with being in my final year I am extremely busy with my coursework. My shop has recently hired a new manager (happens to be his first store manager role) and I am currently having to work 20+ hour weeks. Over the summer this was no problem at all but now it is in the middle of semester time I am finding it hard. As well as all these extra hours I have been told that I need to complete some online learning in my own time to fulfil my job role. If I don't do these, I have been told that "it will end up being a question of my job role". To me that seems a bit threatening but I am unsure. For some reason, all the training that has to be done is things that I have been allowed to fulfil for the past year I have worked there so struggling to understand the need for training if I already know it? To try and compensate with the extra time needed for the training I requested less overtime hours to allow me to do the training. I was told that it couldn't be done as I was needed in the store for as many hours as possible. I did read somewhere that I can request time off for training. When I was told that I couldn't get any time off I said about needing to cut my hours down to my contracted 15. This made my manager pretty angry and he said that if I refused to work any overtime then he could show me the door. This was downright rude and unfair I reckon. He said it was written in my contract (which is is). The wording in my contract is as follows, The main question I have is that am I allowed to refuse overtime given what my contract says and my situation? Also if anyone knows for sure about training outside working hours (without pay) then I would be pleased to hear more about it. I have tried to give as much information as possible and I realise I have probably rambled on a bit but if any more information is needed then I will endeavour to give it! Thanks

Hi Need some advice basically I work Tuesday to Saturday and get Sunday and Monday's off. Something came up and originally said I'd work but now can't The boss is Mithering me on the phone and asking me awkward questions I work for Virgin as a installation tech My question is do I have to work my day off by law

Hi there, wondering if anyone can give me some advice on an issue I have at the moment I have been told today that I will not receive my overtime pay from july in my august pay due to a mistake made by my regional manager and will now receive it in September instead my question is can my employer withhold this pay for another month they are saying that nothing can be done as the cut off time for pay has passed but bear in mind that today is the 16th and I don't get paid until the 28th I find it hard to believe that this cannot be rectified in time for pay day any advice anyone can offer will be much appreciated

Our contract of employment states that we are expected to do a reasonable amount of overtime. Our day starts at 7:45am our days runs are supposed to be for 10 1/2 hours officially finishing at 6:15pm, 1 hour for lunch. Our days are scheduled in the morning with time estimated from average time per job, this is just doing the job and does not account for additional time for trouble finding the site and problems that can be encountered doing the job (we can do between 6 to 30 drops per day). On paper our times are longer than the 10 1/2 hours and the return time to the depot can be anything from 7:15pm onwards, this is not accounting for any problems along the way. Most of the time we get back later than the scheduled time for the run often working a 13 hour day. Also because the runs are longer than the amount of hours in the day they macro the times down so they can fit in to the time available. If we have had a bad day and loads of problems the guys ring in and say it is too late they are bringing some items back, the amount of agro they get from the managers is terrible, I am quite happy to take the agro and I have an answer for every one of their reasons for forcing us to stay out late but many of the drivers are not as strong willed (or stubborn) as me and will stay out later. In my eyes 3 hours is unreasonable overtime, I even think 1 hour a day is unreasonable but I am happy to give that amount to give many more customers their items. There are so many other ways they make life difficult for the drivers but I could spend all day writing an essay about it. If overtime is scheduled in every day is that over time or just the working day? How long is reasonable overtime? I am working on a letter for the drivers to make them aware of the law that the company are breaking, including Holidays, working time directive, health and safety. Any information or links to laws, acts, regulations, acops that can give the drivers confidence to approach the management would be appreciated. Feel free to ask any questions for clarification or to expand on anything.

Hi there, I'm hoping somebody will be able to offer me a little bit of advice. I've recently changed jobs, and in my final pay my employers didn't include several hundred pounds of shift allowance I should have had for my last run of night shifts. I chased a number of times, and was eventually told (by e-mail, so I have this in writing) that the outstanding overtime would be paid in the next pay run. When this didn't happen, I again chased it up, and was subsequently advised that my shift allowance was discretionary, and that as I was allowed full pay for a couple of emergency operations I had the previous year (as opposed to the statutory sick pay I was contractually entitled to) that in light of this they wouldn't be honouring my shift allowance payment. I don't yet have this confirmed in writing from them, but I have requested it. I've checked my contract, and it doesn't make any mention of overtime payments. Does anybody know if I'd be likely to have any redress if I were to pursue this through small claims or similar, I'm guessing chiefly on the grounds of the previous statement from them advising I would be paid? Thanks in advance.

Hi, Is anybody able to please give me some guidance on my situation with overtime. I work for a maintenance company that deals with 'emergency' works. We have 2 situations that overtime occurs: - That at any time we are working, or on our way back to the office in an evening we can be called upon to attend new jobs, pushing us into overtime, - That you are given more work in a day than you can physically complete, again pushing into overtime. We are paid for this overtime (apart from 2 scenarios - 1. You get home early due to lack of work, spend 3hrs at home waiting for the phone to ring, the phone rings and you're forced to go back out with 30min left of your shift, they stop the overtime by 3hrs because you were at home for that time. 2. You get back to the office and clock out, they check van tracking to make sure that time between van arriving and clocking out card stamp is reasonable, and dock pay if they think not). I digress, I had a run in with a manager today because I was not happy doing overtime as my jobs had been booked in assuming I would work later. I said to him/her that my contract says from Time to Time, he said yes. I asked him what that means, he said what ever you interpret it as, but I need you to go. To me it's a bit loose. I've included quote from my contract below. Ultimately I wish not to do overtime but am prepared to do it occasionally. The management feel that the overtime entry in my contract gives them license to control my life around work, and worryingly I think they might be right. I will give my 3 months notice to opt into working time 48hr rule, but it probably won't affect me as in a 17week period I don't think I hit that limit. The problem I have is that for 8 days I can't make any plans, incase I'm called upon to work. Thanks for reading, S. P.s. I didn't go in the end, I asked if I could meet a colleague halfway to transfer stuff from vehicle to vehicle but ultimately he couldn't complete all of the job as he needed 2 people.

In the council environment I work in these are some extra hours available on Fridays for 3 months. I do not work Fridays. The manager has asked one person to do these hours for 3 months. This person has accepted. There were 4 people who would have been interested, if asked. This extra work was not made public until this was announced yesterday. Should extra work be advertised so all those interested can put their name forward or can you just give it to a "favourite" without asking others? Thanks.

I have recently found out I have not been claiming enough over time for my hours worked. Its only 15 mins per shift but I have around 18 months of this. Is there a legally accepted time which I can request my employer to repay? My manager has said its my own fault and that I am not allowed retrospective payments. All my colleagues have been claiming 1 1/2 hours for work between 19:00 and 20:00 whereas I have claimed 1 1/4. Any help would be greatly appreciated.

I started working for my ex employer (a drs surgery) in July. I was contracted to work 9hrs a week part time and odd hours when they wanted it. However I have never received an actual contract. I left my job last month and received my overtime pay but it was missing 20hrs pay. I contacted the surgery who told me to put it in writing and they would sort it out. I am paid by cheque and the Dr signs the cheques. I have since sent two letters to the surgery recorded delivery but have had no contact from the Dr I have also left several messages. I dont know what my next step should be as its been a month now and I feel im being ignored.

I have a contract and staff handbook that both state that I am contracted to work 37 hours. There is no provision for required/reasonable overtime, any overtime worked is voluntary. A month ago I refused to work 8 hours overtime and I have been suspended and am facing a gross misconduct charge. My management are saying things like business needs and reasonable expectation. My question is, is this disciplinary legal. Thanks

Hi, I am on a staff council at the moment due to our company relocating and the staff I am representing are all asking about our current overtime situation and if it will remain. We are on a two shift system and the current way of telling the early shift (9.00 - 18.00, 8 hrs + 1 hr unpaid breaks) that overtime is required is to put out a tannoy at about 17.30 telling the shift they are 'required' to stay, this can be for up to an hour if the company wish it. Mobile phones are banned from our workplace due to H&S regs so you cant even contact your wife, partner etc. I don't think that most people would be too bothered about overtime if it was optional and reasonably requested. The trouble is that we are being 'told' we have to stay on instead of asked and there does, unfortunately, seem to be a little bit of bullying involved ( I have actually seen a supervisor stand in front of a clock machine telling an employee who wanted to go home if he walked out of the door he would be walking out of his job!) The thing I have found, and the thing that is frustrating is that no matter what website I look on there is nothing definitive about employees and overtime. I am aware of the work time directive regarding the maximum of 48 hours per employee per week but apart from that it seems that the employer can just use the words 'reasonable amount of overtime' in a contract and do whatever. I really want to clear this up for the people I am representing because as the company is relocating (it is about 15 miles further away for the majority of staff) and if this current oppressive stance on overtime remains it will just mean these guys will have an even worse work/life balance than they have now! I would love for us as a committee to get the management to agree to have something written into the new contracts but if that fails, does anyone know what LEGAL rights we have regarding what can only be described as compulsory overtime. Any help would be great!

OK, here goes. This might seem complicated but I'll try and make it simpler by using an example. AN INTRO... The company I've worked for for several years now has taken the decision to "cut" overtime payments. The company is an English company, trading in both Scotland and England. Persons may be required to work either dayshift or nightshifts, and also weekends where required. A Saturday dayshift/nightshift, or a Sunday dayshift/nightshift have always been overtime. Our contracts do not specifically state which hours we are required to work - they merely say "office hours". This could be interpreted in a number of ways. Persons are paid by salary, and not hourly, daily, or weekly. It's a flat payment, plus any overtime. THE PROBLEM Prior to the company implementing this, the old system would work as follows: Mr Smith works 5 nights a week, Sunday night to Thursday night. He's on £30k a year. His monthly salary is £2500 + overtime (4 x sunday nightshifts). Each Sunday nightshift would get Mr Smith £150. So this month, he's been paid £3100 The new system has changed in that the company have decided that the salary should now be based on a minimum of 5 shifts per week. Thus, the Sunday night becomes part of that 5 shifts. But the company concedes that this is unsociable, and now describes this as an "enhanced payment". So under the new system: Mr Smith works the same hours as previous. His monthly salary is £2500 + enhanced payments. Enhanced payments are calculated at (the old sunday rate MINUS what you get per day). Therefore Mr Smith gets £35.11 for each sunday nightshift. So the next month, Mr Smith is paid £2640.44 So what's the legalities of this? Has the company set a precedent by paying what they pay for the overtime shift? Should they have consulted employees firstly? Is this a change change to our terms? Any help appreciated. And if I've missed any important details, please let me know.

Hi there, To be brief I have been informed by my HR department that if my antenatal appointments fall on days where I'm working "overtime", I would not be entitled to reasonable paid time off to attend my appointments. I use the word "overtime" loosely because it doesn't really fit the legal description of overtime pay-I get paid overtime pay but I do not work more hours then a full time employee. I am contracted to work 8 hours a week-my contract is for 8 hours flexi-time so my shifts will vary week to week to suit the needs of the buisness but for at least the last 6 months I have been working on average around 24 hours a week part-time, 8 hours contracted, the rest paid as "overtime". Never have my official contracted hours been specified e.g. I do a four hour shift on a Wednesday and a Saturday which are my basic, and the rest of the week is over time. I just work my 24 hours a week, get paid 8 basic and 16 overtime. My problem is now is that due to falling pregnant I am entilted to reasonable paid time off to attend antenatal appointments, however I am having to move my shifts around to accomodate the antenatal appointments if they happen to fall during hours that I'm working. As I have never had specified days or shifts that I work, they always say my appointments fall in the "overtime" and I would either have to lose the extra hours I'm working or try and swap with someone. Can anyone tell me what my rights are with this? All I can gather from Direct Gov and googling is that all employees either part-time or full-time are entitled to paid-time off but it doesn't go into specifics of if you're working over your contracted hours and your manager doesn't specify which hours are your overtime and which are your basic because I am expected to work at least 24 hours a week as it's part of my normal working pattern. To be quite honest, if I only worked my basic we would be incredibly short staffed so I work what hours they require me to. Thanks for any and all help! Also whilst I'm here, even though I've been working 24 hours a week I am still entitled only to my basic holiday? Is this right? I used to be on a casual contract with the company and would accumalate holiday pay, but now I am contracted I get a basic of 48 hours PA despite working 24 hours a week but we don't accrue the extra holiday or get paid accrued holiday pay-a lot of my colleagues are in the same position too so this would be good to know where we stand on this. I have brought it up before but it was kind of dismissed. I work in retail by the way.

Hi I'm after a bit of clarification as to where I stand in regard to compulsary overtime.My employer has been enforcing two to four hours overtime practically every week to meet business needs. Up to this point I have complied and carried out the overtime but today having already carried out overtime today(Tuesday)and yesterday(Monday)my manager has advised I will be required to carry out more this week but he would not expect it for Wednesday as that would be under 24hrs notice and therefore unreasonable. My contract does state that "it is a condition of your employment that you are available to work overtime and any other reasonable amounts of additional hours as determined by the needs of business.You should note that such overtime might be required at any time during the week including Sundays,public and bank holidays.Your manager will endevour to give you reasonable notice of these additional requirements,although owing to the nature of the business this may not always be possible" My question, I guess is what is reasonable? I have already carried out overtime this week,last week and the week before under duress. I have a family and get very little time to see them as it is and my partner has to juggle her work shifts around mine. I feel I am being more than accommodating as it is by having already performed overtime .

in case you have not noticed i am a postman and had a problem at work thast i need some advice about . we told the manager before we went out we would struggle today and all he sadi was try your best . at nopoint did he say excess (overtime was payable) most people would do it . but we have been told there is no excess and this morning none of them said you could claim excess . subsequently we cut off at finishing time and went to report to a manager who prompty turned round and said go back out and complete or we shall the the conduct code . My question being is we know sometimes overtime is required and we will do it but as soon as he sadi you will go out or we disapline you i believe he crossed the line in saying this because it made the overtime compulsary ot face damage to your employment

Hi everybody. I have just been fired from my job for not meeting satisfactory performance, I was on probation and the company subsequently terminated my contract after extending a 6 month probation by 8 weeks. The severance package I have so far is 4 weeks notice on garden leave and any holiday pay. However my employment contract states that my hours of work are 9 - 5, however I generally start work at 8:30 and finish at around 17:15 - 17:30. I have done this since May. The contract of employment states that overtime must be authorised however it never has been, it seems that it common practice for people who work for the company to start early and finish late, without getting paid anymore for it. My question is should I claim for the overtime in my severance package. By my calculations it works out to be approximately 140 hours since May of this year, Based on working roughly 20days in a month, obviously the figure would reduce after removing days off and days I started on time and finished on time. Thoughts, opinions and arguments are welcome. Khuz