Being Forced To Work Overtime Without My Consent

[33crazydude]

To Consumer Action Group,

I was wondering if someone was able to advise me about overtime and how it works for people with a contracted amount of hours? 
At this moment in time, I'm left feeling that my company is not letting me know my full legal rights?

I'm an adult with Autism and currently working within retail, I've worked for my company for over five years and recently the business has changed everyone's contracts.

 

For example, I once had a contract for 16 hours, but there was always overtime if people wanted it.
But now I've signed into my new contract, it's 20 hours with overtime offered.

 

However, I've always been happy to work the minimum contracted hours and do not require any overtime, but since my new manager came along, I've noticed nonconsensual overtime being added to my hours.

 

For me personally, it's quite annoying as I'm never consulted, I'm just expected to work these extra hours.

Don't get me wrong, it's not a lot of extra hours, but they should consult me first and surely I'm allowed to say yes or no?
The mandatory amount of hours I'm expected to work is 20 hours after all?

 

However, there's something in my new contract that my manager uses as a kind of silver bullet against me, but it's kind of down to interpretation in my view? 
In my new contract, it reads "you may be required to work additional hours from time to time"

 

Ok, I understand I'll be required to work overtime from time to time, but do I still have the legal right to say yes or no?

 

Below my message, I've provided some info about my contract, it may help you to ascertain my rights on this matter,

If possible, I really hope someone might be able to help me on this minor conundrum,

 

thank you,

 

 

 

 

 

UK Services & Solution Advisor Terms & Conditions (Part C).pdf Overtime.pdf

[honeybee13]

Hi.

 

I've moved your thread to the Employment forum, hopefully someone like @Emmzziwill be along to answer your questions.

 

ETA: I would remove the dates from your attachments, to keep this anonymous.

 

HB

[unclebulgaria67]

Yes you can say no to the overtime.

 

With Autism you have protections under the Equalities act.  Employers have to provide reasonable adjustments, so if your employment contract stated that you would be expected to work overtime arranged by your manager,  this may not be in line with the employers responsibilities under the Equalities act.

 

Request a 1-1 meeting with your manager and state that you are not able to work overtime at the moment. And that you refer to the protections under the Equalities act, which the employers must apply.

 

 

[33crazydude]

This is very interesting, I'm very grateful for your input on this matter.

That said, if I hypothetically declined the overtime, but decided not to mention my Autism, I'm curious if I'd still be allowed to say no?

Don't get me wrong, I fully take on board the info you have given, but I'm just exploring over avenues as well.

 

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed

[unclebulgaria67]

If you have worked for the employers since 2016, I am not sure they could do very much, if you simply stated that you can only work your standard contract hours at the moment.

 

You don't have to use the Equalities  act and don't have to advise of Autism.  But of course if you did not inform them of a diagnosed condition, how can they understand what help they offer as an employer. 

[fkofilee]

QQ - Do you have an official diagnosis from a medical professional for Autism? 

Not saying you don't at all - Just wondered in case they ask to see certification for a diagnosis

 

[33crazydude]

Because of my disabilities, I know what hours suit me best, it's about striking that correct balance.

 

That said, if I'm able to just say no to the overtime, I'd feel more comfortable doing that.

 

At the end of the day, I don't want management resenting me and thinking I was playing the disability card.

The Equalities act would be my last resort if push came to shove.
 

Hi fkofilee,

Yes, I was diagnosed with Aspergers about two years ago

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed

[Emmzzi]

I suggest this clause actually removes your ability to say no. It says required to work; not "may be asked to work." They cannot ask you to do over the 48 hours.

 

You may be required to extend your hours as necessary in order to meet the full requirements of your job and the business, subject to the provision of the Working Time Regulations of 1998.

 

I suggest requesting an Occupational health referral to have your max number of hours or shift duration assessed.

 

Edited September 2, 2021 by Emmzzi

[33crazydude]

Out of curiosity, If I say NO and mention the Equalities act, would that allow me to just work my standard 20 hours?

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed

[Emmzzi]

You can try. You know if you think they're decent folk or not.

 

I'd expect them to request you see Occupational Health.  Without that it's not certain what adjustments you may need.

[33crazydude]

Hi Emmzzi,

When you say Occupational Health, I'm guessing I'd have to visit my GP/doctor?

 

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed

[honeybee13]

Occupational Health is usually either a department in your firm or an outside consultant. In my experience, you're put in touch with them via your personnel people.

 

Have a read of this from ACAS,

 

https://www.acas.org.uk/using-occupational-health-at-work

 

HB

[unclebulgaria67]

Agree with Honeybee above.

 

But the occupational health person is going to ask you about what your own Doctors have diagnosed and what they suggest regarding work adjustments.

 

Employers with your consent, can write to your Doctors asking for a report to be completed.

 

If you have an undiagnosed condition or have not see your Doctors for a long time, it is up to you whether you want to go through this process.

 

For the sake of a few hours extra per week, is it worth it ? Perhaps see how you cope first.

[33crazydude]

Hi unclebulgaria67,

 

Don't get me wrong, I do understand what you're saying, but my boss isn't the sort of man I trust?   

 

To be honest, If I wasn't making a fuss about my minor overtime, I wouldn't be surprised if my manager increased my overtime even more over time. 

 

Because of my Asperger's, I wonder if my condition makes me want to be in control, it's frustrating to have a boss who arbitrarily adds additional hours at a whim.
 

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed

[unclebulgaria67]

May be this is a kind of test that would help you in the long run ?

 

You could ask for a 1 to 1 with line manager and simply state the overtime is causing you problems due to Aspergers. Therefore if it becomes too much you will need to return to standard hours. 

[33crazydude]

Thank you unclebulgaria67,

 

I'm genuinely grateful for your input on this matter, and I'll definitely take on board the advice you've given me.

 

What's more, I'd also like to thank honeybee13, Emmzzi and fkofilee as well.

 

It's all very much appreciated  
 

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed

[honeybee13]

Please let us know how you get on.

 

HB

[33crazydude]

Will do honeybee

Edited September 23, 2022 by dx100uk
unnecessary previous post quote removed