Is there anyway out of an overtime clause?

[Emmzzi]

They probably informed him that he had the right to request it, they would consider his request, that they had considered it, and had rejected it ...all in keeping with current legislation.

 

Y'know, I'd let the poster tell us himself.

[rebel11]

Well that's wrong, certain situations would have to be accommodated by the company, like an emergency, someones (family member) ill, someones (family member) been taken to hospital, etc

 

Have you got a Union? Have you got a HR Department? Have you raised an informal grievance?

 

https://www.gov.uk/raise-grievance-at-work/overview

 

Tell your manager that you can't leave the children unattended as it's against the law and will consider raising a Formal Grievance.

 

https://www.gov.uk/law-on-leaving-your-child-home-alone

 

Do you have a company handbook?, does it have any exception when you wouldn't be required to work overtime.

 

 

 

 

 

There are no exceptions.

[Grotesque]

Y'know, I'd let the poster tell us himself.

 

I would have; but your original question was somewhat presumptuous.

[dj9928]

Y'know, I'd let the poster tell us himself.

I never done that, but I know others who have and that's exactly what happened.

[Emmzzi]

In which case, there is very little you can do. Unless you can make a better case than they can for how the work will be covered, you're in a bad place.

[dj9928]

Well that's wrong, certain situations would have to be accommodated by the company, like an emergency, someones ill, someones been taken to hospital, etc

 

Have you got a Union? Have you got a HR Department? Have you raised an informal grievance?

 

https://www.gov.uk/raise-grievance-at-work/overview

 

https://www.gov.uk/law-on-leaving-your-child-home-alone

 

No union. We do have a HR guy, but on what grounds to I raise a grievance? My company is good at using the old restructuring line if you rock the boat and you're out the door.

[dj9928]

In which case, there is very little you can do. Unless you can make a better case than they can for how the work will be covered, you're in a bad place.

 

 

 

The work is being covered, there are 2 other guys who fill in

[Emmzzi]

in which case your colleagues may have made rubbish applications? The onus is on your to show the work can be covered - many people just write a letter saying "I want" which then gets a knock back. In which case it's easy for the business to refuse.

[rebel11]

Explain that last week you worked over 48 hours, more then is required by your contract. Explain that the law states that you can't leave your children unattended otherwise you face prosecution. Explain that this week you will end up working over 48 hours. So to give you any kind of warning is absurd as your meeting your contractual obligations. If the company wants to provide child minding facility at short notice then you will reconsider the further offer of overtime, as you are already doing overtime later in the week. I would put this in writing hand it to your manager/supervisor ask him to pass it on to HR. Keep a copy.

[dj9928]

Thanks for the advice, we will wait to see what happens next.

[Emmzzi]

Just noticed you have also posted this on another board where the history with this employer is better known. Seems like they have a long history of taking advantage of staff?

[dj9928]

I've posted this on a couple of work related forums, Oh yes they have a long history of this.

[Emmzzi]

but in addition work seems very hard to come by where you live. Tough place to be

[dj9928]

Yes I have been looking to get a new job since I started working in here almost 2 years ago now with no joy, not to mention the various health issues I have developed since starting this job.

[rebel11]

I'm not taking anything away from the harsh working conditions abroad, but the exploitation and bullying that goes on in this country is ridiculous. It's pathetic, employers seriously need to grow up and start looking after their employees.

 

Just noticed you have also posted this on another board where the history with this employer is better known. Seems like they have a long history of taking advantage of staff?

[Grotesque]

Just noticed you have also posted this on another board where the history with this employer is better known. Seems like they have a long history of taking advantage of staff?

 

There's a shock. I'd like to meet an employer who wouldn't take advantage if they're given the opportunity.

[rds60h]

This is a difficult situation because your Employment Contract states "reasonable overtime" which means they expect you to work on occassions, but they also need to act "reasonably" in the circumstances and also to act within the Implied Contractual Term of Mutual Trust and Confidence. The issue is that this is all open to interpretation and there are no specific rules, but if an Employer wants employees to work regular overtime (or think they might in the future) this should therefore be stated clearly in their employment contracts.

Your Contract does not say that overtime is Compulsory and therefore the overtime is Voluntary so by offering to do some of the overtime "offered" you have been reasonable'

Although not completely relevent to your situation "In some industries it is common for employment contracts to stipulate that staff are expected to work a reasonable amount of extra time for no additional pay (this is commonly 15 minutes a day for manual workers; around an hour for supervisors or managers)." this is taken from http://www.lawyerlocator.co.uk/lawyer/legal_issues/get_article/id/221/overview-of-overtime/

 

Also have a read of this link :: http://www.worksmart.org.uk/rights/viewquestion.php?eny=188 because if you are being forced to work all overtime given then they are treading a very thin line of breaking your Employment Contract.

[Grotesque]

Unfortunately of course their iis no contract between you and your children, but there is one between you and your employer

[ScarletPimpernel]

Oh my God. This is like attacking working parents. When being parent is the 1st priorty.

 

Lots of priorities change when choosing to become a parent, don't they?

[rebel11]

This really needs a collective effort from all employees to show the management they will not be bullied and assert their rights.

[dj9928]

Thought I would update this as a few things have happened. One guy who refused to do the overtime did indeed get a written warning, I again couldn't do 1 particular night this week, I got asked at 4.15pm, we finish at 5pm which in itself is to late to be asking, but got called into the office by the HR guy who asked why, I explained about my kids etc and the guy himself was understanding however I get the impression management wanted him to also take things further with me but as the guy himself said "There is nothing I can do if you have dependants" the following day the boss himself was doing a lot of nit picking and throwing dirty looks etc, I never thought anything of it however a colleague also noticed and commented "He'll pick on you now as you didn't do the overtime" and that's exactly what he appears to be doing, the old bullying trick.

 

 

I will be there 2 years now in a couple of weeks, I full expect the old "restructuring card" to come into play any day now, my boss is a fan of this excuse when he want to sack people and I think restructuring covers anything

[Grotesque]

Yes it does; but he's gotta be quick, as with two years continuous service you will receive full legal rights and coverage in law.

[dj9928]

Ok I got a new job, handed in my weeks notice as required by my contract, I am paid weekly so obviously should get me week in hand, problem is our summer holidays are coming up in 3 weeks, So I should be entitled to holiday pay for these 2 weeks even though I've left, whats made me worried is I started in May 2010, In July 2010 we had 2 weeks holidays, I got full holiday pay even though I there long enough to be entitled to it.

 

I know in my wifes firm if someone starts say on Monday, and the firm closes down for holidays on Friday that person would get full holiday pay even though they've only been there a few days, it would be taken of the final wage packet when that person leaves.

 

On my wage slips if I have holidays its put down as "Advanced Pay" which makes me think this is what my employer is going to do to me.

 

What exactly should I be entitled to when I leave? Been searching the house for my contract but can't find it, I recall it saying something about holidays being accrued over 12 months

[becky2585]

Statutory holiday accrues at a rate of 2.67 days per month from memory, so you would have to work out now many days you accrued for this leave year and deduct any holiday taken. You should then be paid for the equivalent amount.

 

If the holiday year runs from January and you leave at the end of June, you'd have accrued around 14 days, less bank holidays and any holiday already taken.

[dj9928]

Statutory holiday accrues at a rate of 2.67 days per month from memory, so you would have to work out now many days you accrued for this leave year and deduct any holiday taken. You should then be paid for the equivalent amount.

 

If the holiday year runs from January and you leave at the end of June, you'd have accrued around 14 days, less bank holidays and any holiday already taken.

Holiday year starts in April. 28 days over a year. Apparently I have accrued 7, 3 used for Easter. Leaves 4. Would this be right?