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  1. nhs contracts? Hi all, i am now working in the nhs as part of the theatre department and in doing so signed the usual contract agreeing to working on calls, late shifts and weekends etc, the problem is that some staff are not taking part in this arrangement because of various reasons ( my cats scared of the dark or little johnny wets the bed) sanctioned by the managers and therefore the remaining staff are having to work extra shifts to compensate. My question is, are we all being treated equally and do we have any basis for taking action against the management. Any help would be great. Cheers.
  2. My contract states that I will not receive any money in exchange for any hours worked over my contracted hours, except at the Company's discretion from time to time. Over the summer, I worked as an engineer/manager on-site, alongside 30 other employees (labourers) who all raked in approximately 15 hours a week of overtime paid at x1.5 their normal rate. I counted up all the hours we did and calculated that, had I been paid overtime at a x1.5 rate too, my employer would have paid me £4,000 in the span of those 4 months. I don't think there is a law that will require my employer to reimburse me for that overtime worked, but does anyone know if there is any case here given the fact that 30 guys on-site got paid for working those hours and I was the only one that didn't? I realise we held different positions but is there a case for discrimination?
  3. Hi all looking for abit of advice, i got suspended on wednesday for not being available for overtime. They are telling me i have agreed to doing reasonable amount of overtime. Yet they are not able to determine what a reasonable amount is. I informed them i could not do it before shift started. They still put me on a route that would force me into overtime. I turned around with 4 drops left to do. I then started getting pushed into finishing it which i declined. I then received emails with my contract and asking me again am i available for overtime. I replied with no and never got a reply, i walked in that night to a suspension i am due back tonight for the meeting. Due to the time there is no one available to accompany me, is there anything i am required to say before recording the interview on my phone. Im not certain it even states what they are saying.... any advice would be grateful. I have tried to upload a screen grab but its not letting me on my phone. Thanks
  4. Hello All , I have a problem at work with overtime payments This months wage,i have not been paid any overtime I have spoke to wages department.,who informed me that the Director has told her to not to pay overtime but to add hours worked to my holidays . Can he do this?? He did not speak to me about it No notice -nothing ! In the 3 years that i have worked here never had any problems . The Company is Global having sites all over the world ,and has a yearly -turnover of £200 Million ++ Thank you Evo123
  5. Hi, I'll try to keep this short. Preface: So I am working for a retail company for last 6 years, and since summer last year I've been on an 8 hour contract to give me flexibility for my studies. I've been working for 25 hours a week for the last 4 months but now that exams and coursework deadlines are approaching I've asked to only work my 8 contract hours per week until they are over. I have been told by management that I need to give them 4 weeks notice as they have already done the rotas for the next 4 weeks and they can't be changed. I'm only contractually obliged to do overtime during December, all other times are optional. Question: Am I obliged to work the overtime shifts I've been given because they already put the next 4 weeks rotas up, or in the nicest way possible can I tell them I will work the 8 hours I'm contracted for within the availability I've given them, and refuse any overtime? Many thanks for your time.
  6. Hi guys i work for a company who look after the virgin media contract, i am working at the moment over 70 hours a week which is tiring me out to be honest, i have a family and have very little time for myself or my kids you keep telling them about it in the nicest way possible even though its hard to keep your cool sometimes and they take Sh*t all on aboard what i have to say. I am on template pay (pay per job) now i can make some decent money when i get the big jobs like quad's, triples and duals. But lately ive been finishing my own work by 3pm ready for home and i always seem to get lumbered with other peoples because they simply cannot keep up or had worse problems than myself in the day i never seem to get any help my way when im struggling and all my manager can say is swings and round abouts, seems to be enough swings but no round abouts my way. My biggest concern is the pay im owed, i am missing money from June, August, September and October and when i keep submitting my wage query's i hear nothing back this goes on for months and up to this day i still have not received any money im owed. I have joined the cable workers union but obviously want to the company to rectify this problem first without involving the union, a lad i work with has also submitted a grievance to the HR of the company and said they are looking into it he has told me to look on google for the template letter regarding pay but not having any luck could anyone be so kind to point me into the right direction and is there any law to me doing more than 12 hours a day can i refuse to work after 12 hours ?
  7. Hi everyone, I'm hoping all you knowledgable folk on here can offer your assistance . I started a part time job last year. During the interview, I explained that I was looking for part time hours to enable me to pursue a hobby, which I also get paid for, not much but I do it because I love it. I don't claim any credits or anything like that, money isn't everything to me. They were receptive to this and liked hearing about it. They also explained to me that sometimes they may ask that I do some overtime during heavy workload periods, not often, just an hour or so here and there, which I was fine with. I was also told that it is optional, so if I am busy with my hobby then it's not a problem as long as it doesn't interfere with my normal working hours, which it doesn't. But the overtime is constant, not occasional. If they ask me if I can come in an hour early or stay for an extra hour, I will if I don't have plans. Even then, if my own workload takes me over my finish time, I will stay until I've finished to make sure it's done so it doesn't delay other departments. For example, last week they asked if I could come in an hour early, which I did, and I also stayed an hour later without being asked due to my own work, as mentioned above. I should also say that all overtime is paid. However, it seems that the optional aspect may not be entirely true. For example, I was told that I have to stay for an hour longer due to the workload. It was inconvenient and I missed out on earning a few pennies from my hobby that evening due to it, but it didn't matter to them. I have also overheard little comments and tuts from other team members when I'm leaving for the day and they're staying behind, but they haven't been asked to, they're doing it off of their own backs. I don't see how them staying behind is my problem if my workload has been finished and theirs has not. So really, I'm not happy that this overtime doesn't appear to be optional in most circumstances, despite what I was told in the interview and what it says in my contract, and I'm not happy with the other team member's attitude towards me. I realise that I probably can't do much about the latter, it's the most two-faced place I've worked to be honest. Where do I stand? As the overtime is optional then I have every right to turn it down if I'm unable to do it, right? It's really getting me down, I can't make plans anymore and the attitude stinks. Thoughts? Thanks in advance.
  8. Hey all! Not sure if this is the best thread for thus? At the restaurant we currently only receive tips as cash and these go direct to your server we have been told with no notice or consultation that tips will now be set up on card payments but via a tronc system...what are the rules around this? From what I u derstand it will be a 70 30 split between foh and boh based on how many hours you work....without getting into the pros and cons of tip splitting, what are the rules around this? Does it class as a change to working terms and conditions ? My second question, at my salaried role if we work overtime we get a little extra holiday pay according to some law change? I seem to remember a court case about this but can't find the details now, my boss has advised that holiday is a maximum of 28 days regardless if you work 39 hors or 69, is this correct? Any advice appreciated!
  9. Despite recent rulings there still appears to be a grey area about holiday pay and overtime hours counting towards a weeks pay, that is with regard to volentary overtime over contractual hours(though I am aware this has been cleared up in Northern Ireland). My question is, under current English and Welsh Employment contracts what would be the correct calculationfor the following situation Contracted hours 37.5 Worked hours per week 48 (this has been normal for the last 3 years) the overtime has been volentary above contracted, the employee has always done the overtime and there for it can be demonstrated that 48 hrs was a regular worked week. should the holiday entitlement be 37.5 hours per week or based upon a 12 week reference period when holiday is taken since it would be a representation the employees normal weeks pay.
  10. I work in a call centre, earning the minimum wage. If I am on a call at the end of my shift, I am expected to finish the call before I can leave. Sometimes this can result in me staying back for over half an hour. I don't get paid for staying back past finish time. Whether I get the time back in lieu is at management discretion (and my manager is only willing to give me the time back on the odd occasion). Her argument is that the company pays me for time I spend going to the toilet when I'm not on break, so it evens itself out. As a result of the above, I am in effect working for less than the minimum wage. Is that legal? Thanks.
  11. Hi there last August I started working 16 hours a week was a very stressful time as I lost my dad and stepmother within a month of each other. I thought i would get full housing benefit which I didn't only got 200 a month so had to pay 100 a month. A work colleague told me that as long as my basic wage stayed the same I could do overtime so have been doing quite abit every month. Have had a letter from my local authority asking to see my last 2 payslips and after looking on their website realise I should have told them about working the overtime. It worksout I have been overpaid 1800 pounds do you know what will happen once they get my payslips? Any feedback would be appreciated
  12. I am hoping I can pick some peoples brains here about contracts and employment law etc.I have worked for a company for 4years now and have a contract that I signed when I started I work 12 hour shifts on a pattern of 2 days and then 2 nights followed by 4 days off. This is one block of 7, then after block 7, I have 18days off. This is also a job that is at sea, but within coastal waters no more than 12miles offshore.New staff have been taken on over the last 2 years on a new type of contract deeming the same job to be a Multi Skilled role, meaning they company will train these people for other roles within the company. (Roles that I am not allowed to do, because I am not being trained. Jobs I would like to be able to train for. However also as part of this new contract, they have to do 16 shifts in a year extra at flate rate, not at an overtime rate. These hours can also be used for training purposes. So say for instance I have to do a first aid course, for me, that is a days overtime, they get the hours taken off of the prepaid shifts they have to do. So in effect they are being paid upfront to do the overtime, but on a flat rate. I realise this is swings and roundabouts, but the difference is, I cannot do the training except anything that I require to keep my certification in date. Also I am being denied a financial difference and the reason being, many people on this contract aren't actually doing the extra shifts. But by them not doing them, I am. But they are being paid the same at the end of the year as me, but I am having to actually do the work to earn the extra money.Also some of my colleagues on contracts before I started, when the company was owned by some other bank or business is on almost 10k pa more than me. Also it is recognised that he is lazy etc. HR and my manager will not look at my salary or discuss my contract although it is completely immoral that in effect you have 3 different contracts and rates of pay for the same job. Suggestions? Laws? All suggestions and advice welcome.
  13. Hi, Was just wondering if anyone can help me with this matter... From january this year im owed about 6 days worth of wages from the overtime I have not been paid for.. in a meeting on 3/11/14 I informed the line manager about this problem and he said he would look into it I have been paid recently on 13/11/14 and still not been paid for my overtime and was also underpaid. Today 01/12/14 I was asked to work overtime which I refused to work it and told him ive not been paid for the overtime from jan till now which he said he will ask someone else to do the overtime instead but didnt reply to me about my unpaid overtime... just wondering where to take it from here really because it seems they are not doing anything about it. regards.
  14. as part of the NHS i will be on strike next week for a 4 hour period. Some of my co-workers are choosing not to strike (as is there right) , but i noticed some staff are working overtime that day . Can there union dismiss them for that ? As in dismiss from the union they are members of .
  15. Hi guys i have a question regarding overtime in my workplace. I have been employed with this company to a 40 hour a week contract since 2008 and at the start of my employment i was expected to do overtime as it did state in my contract that overtime is required for new depots. Fair enough. After everything settled down i was always asked by my manager if i wanted to do some overtime, sometimes i would, sometimes i declined. Now i don't mind doing overtime and its not all the time, but my problem is i need to leave some nights on my finish time (5pm) as i have evening events 2 days a week. Now we have a new manager and i made sure i told him before my shift started the other week that i would be leaving at 5pm on that day. His reply was, "I can't let you go if we are to busy" Luckily we managed to get out roughly on time. So my question is, can they force overtime on me? i have now been told its compulsory but i have never been aware of this. All i can see in my contract is that overtime is only compulsory for new depots and during stocktaking and that my manager will notify me, and will also state my starting and finishing times. Also if they introduced this a few years later after i had got issued my contract, would that require notice and for me to sign anything to say that I'm aware that overtime is compulsory? Many Thanks.
  16. http://www.bbc.co.uk/news/business-29896617 Be aware appeals are pending, this is not yet finalised
  17. Good morning, I have a question about the above. I think I know the normal regulations but I just want advice before I start questioning managers etc. Where I work at the moment I am salaried. Since August, I have worked a lot of overtime due to demand. This was arranged through an overtime rota every so many weekends (working on the Saturday and Sunday). Now, they are putting in ANOTHER rota until the end of the year. However, on this rota I am required to work every one in three weekends. This will be Saturdays and on-call on the Sundays. My contract is very minimal. Here is what it says: "Hours of Work The working week is a nominal 39hours. Days Mon-Thurs: 7.30am - 4.30pm Friday: 7.30am-12.30pm Occasional overtime may be expected at times of very heavy workload although this is expected to be minimal" This is extremely vague. There is no overtime document/requirement, no on-call requirement etc. Now where do I stand with being paid overtime, being forced to do overtime and being on call? If you could help me out that would be great. Kind regards, Ben
  18. http://www.bbc.co.uk/news/uk-scotland-scotland-business-29452980 This sounds a very good article but fails to tell you how to go about getting it
  19. Hi guys I have a query regarding overtime rates for employees who receive a shift premium, i have scoured the internet but can't find anything relevant. I receive a shift premium for working day/back/night shift, averaging out at 37 hours per week, over 8 weeks. When I work overtime on day/back/night shift, my payment is calculated based on my basic salary, without shift premium. I would assume that my premium is paid for my contractual 37 hours a week and any further shifts I work in overtime should include an additional premium for those hours. Can anyone confirm if this is right and direct me to some legislation relating to it. Thanks in Advance
  20. At the time I got my job I was unemployed so didn't really have a lot of room for manure, If I turned the job down no JSA, and I never found out about the overtime clause until I had been in the job 2-3 weeks. I will be brutally honest, I'd rather not be there at all let alone stay any longer than necessary so this over time clause kills me. We already work 45 hours basic let alone over time, Is there anyway out? I know all about the 48 hour limit but its averaged out over X amount of weeks. Its the fact all plans have to be dropped as and when asked or your marched into the office and reminded about the contract, I missed my kids nativity play over it at Xmas. Its all a major pain in the behind for £6.20 per hour.
  21. Hi all, I am employed by a company full time in the UK. My contract states the following : I am based from home, and work 7.5 hours a day on a customer's site (+1 hr lunch) and have to travel up to two hours a day to get to the customer's site and back (one hour each way). They used to pay us in fifteen minute intervals for travel time in excess of that. They have changed it so we can only claim 30 minutes at a time, and we are not allowed to round up, so we would have to travel over an hour and a half before we could claim any travel overtime (30 minutes). This means we now have to give up to 3 hours travel a day without claiming any extra pay. We have also been told that this travel time cannot be included in the working time directive, which I have not opted out of, because it is travel time and not 'work' time. We are also being told that if resources are not available, we are expected to travel more than the hour in our contract. Sometimes we are booked on jobs that are several hours travel away, without being asked if we want to work those hours. If the job is over a certain distance then we can ask for a hotel, but this cannot be booked for the first day's work. My question is, is all of this legal ? Can I take any action, as I feel we are being treated unfairly. Unfortunately, we have no union representation. Thanks.
  22. Hi,Hope someone can help me with a little problem I/we are experiencing at work. I work an annualised contract,my working week is from Sunday to Saturday,37.5 hrs a week.Currently we're working Monday to Friday on a 2 shift rota pattern and have been for the last 3yrs.Problem I'm having as are a few others is that we're being 'forced' to work a Sunday even though we have worked the 37.5 hrs already.I've been threatened with a 'absence' and then a disciplinary if I don't work the Sundays My contract states: It is a condition of your employment that you work flexibly in accordance with the annualised hours working scheme we operate.Your hours may be flexed to accommodate additional reasonable additional hours as may be necessary for the efficient performance of your duties. There are no fixed daily or weekly normal working hours applicable to your employment.Your normal working hours are based upon you working on average 1695 paid hours per year when working a notional basic of 37.5 hours per week,Sunday to Saturday,(allowing for holidays)but you may require to more or less than 1695 hours per annum on average to a maximum requirement of 2241 hours.Your normal working week will not exceed 48 hours when averaged over a 17 week reference period. The company will notify in advance of the hours you will be required to work during each week.In accordance with the flexible nature of your employment,the company reserves the right to alter the hours you will be required to work at short notice.You may be requested to work revised hours in accordance with current arrangements or business needs" My only gripe is the "reasonable additional hours" I don't mind working overtime during the week or even a Saturday morning but working Sundays doesn't seem reasonable at all Is there anything I can do or say or should I just be happy I have a job and put up with it?
  23. So my work has reduced our 8 person team down to a 6 person team and consequently changed the shift from an 8 week rota to a 6 week one. We would work an average of 37.5 hours per week over the 8 weeks and 38.5 over the 6 week. I raised this with my manager and wondered if there would be an adjustment in pay for any extra hours worked as a result of the shift pattern change. I have been told that some of us will be getting a payout and some will end up owing hours back to the company. No new contracts have been issued and we are now working on average an extra 1 hour per week. Is this common/legal? Is there a way for calculating the difference in time owed/Overtime Owed for these kinds of circumstances?
  24. Hey there, just found this forum and it seems like it would be good place to ask this question. I started a new part time job a few days ago under the pretense that I would be working 18 hours, which I'm more than happy with as I was only really looking for something that would allow me to make a little extra money while I focus on a few personal projects and freelance work. I've been there for around 3 days so far, and I've already had to do an additional 14 hours worth of shifts bringing my current weekly total to somewhere around 26 hours - this is significantly more than I signed up for. I haven't been given a formal contract as of yet, I've only had to sign off on the employee handbook. I've read through the section on overtime it has a standard overtime clause that most retail jobs seem to have these days (basically saying that I may be required to work reasonable overtime to meet the demands of the business). My question however is this: would there be any way around this, as in, could I realistically turn down extra shifts in the future if asked? I applied for the job under the pretense that its was part time at 18 hours a week (as advertised), my job application specifically mentioned that I was looking for a part time position and that the 18 hours would be deal for me, and I stated several times during the interview that I was only looking for part time work but could be flexible as to what days I was available. I have no problem with helping out from time to time, but I'm quite concerned that these extra shifts I'm having to work on my first week could potentially set a precedent that I want to avoid as much as possible (not to mention the whole thing with tax brackets). Any advice would be much appreciated. This whole situation has had me so stressed out to the point that I'm wondering if the Job is even worth it at this point....
  25. Hi Everyone, I shall do this the proper way and introduce myself first since this is my first post My name is Dan and I am from Leeds! Moving on.... I'm having some difficulties with my employment. The company I currently work for employ 200+ staff, but they are a family run business if that makes a difference. The business grew extremely fast over the last 4 years, 4 years ago they only had 30+ staff. However in terms of management, they still act like they are running a small business. From 2012 I was working for this company as a sub-contractor, since I was working for them 40+ hours per week they later decided to offer me full time employment on the books in Feb 2013 to which I accepted. I signed a 'offer letter' which was a very basic contract in a sense with a 6 month probationary period. After the 6 month probationary period ended I asked if I could now sign onto a new permanent employment contract, I was told I wouldn't need to as my 'offer letter' remains as my permanent employment contract after the 6 month probationary has expired. Me not knowing too much on employment just acknowledged what I was told and left it as that. 7 months into my employment, the company was starting to show signs that it was struggling with its bills. Suppliers started holding accounts every couple of weeks, subcontractors payments were becoming more and more late. My wages were unaffected at the time. The company was busy, it was a game of politics between the company and its clients to which payments to our company were withheld, usually because of incorrect specification and jobs running late etc. Subcontractors and suppliers not being paid started to cause a downward spiral in effect. 9 months into my employment, I had been asked to start working away and work overtime to try push these jobs to completion. I didn't really fancy it but I thought for the sake of my job I better do it. Biggest regret I have now. I was pretty much spending my entire time working 300 miles away from home, I would set off home on a Saturday morning and then I would return back to my hotel Sunday night. Not much of a life! and my partner at the time was not best pleased either. It comes to pay day, I only got paid a basic wage. No overtime, no driving time or working away bonus that I was promised. My payroll manager had conveniently gone on holiday for 2 weeks from the pay day, the temporary person covering payroll couldn't help me and advised me to wait until she returns from holiday. I raised the issue with my department head and he said pretty much the same and it was out of his control. So I carried on working away hoping I could sort it when the payroll manager returns. When she finally did I went to see her, apparently I had been filling in my timesheets wrong and that's why I was only paid basic? So my immediate reply was "I have been filling in these time sheets exactly the same as I have for the past 9 months, nobody has raised any issues with them before". I was told I would have to have a meeting with my department head, HR and payroll the next week to review my timesheets. The meeting got postponed the day before I was due to go in, and again and again. I was concerned by this point to which I managed to have a sit down with my department head. We went over the timesheets, there was very little mistakes if any. He said he would deal with payroll immediately and I would have the moneys owed in my next pay (which was due in a few days). Payday came which was on Christmas Eve! surprise surprise, basic wage again. No overtime from the last month or the month in arrears. At that point our office was closed until after the new year, so nothing I could do. After the new year on the first week back to work, I refused to work away until I had the money. Again everyone gave me their assurances that I would get paid but they just kept fobbing me off. As well as problems with pay I still had other issues with them which I have not mentioned. The organisation skills, getting chucked onto jobs with the wrong information, Our HR department is completely useless, they just feed you with crap and don't help like they should do. I could go on forever how bad things were getting. The second day I found out 35 workers had just been made redundant, so alarm bells were ringing. After a hell of a lot of hassle with money, jobs, staff. I was no longer my self. I was starting to argue with my partner a lot, we shortly split up over it. I started having money troubles and I just had no fight left in me, I just became isolated. I saw my doctor, went through with him everything that had happened and how I felt. He prescribed me some tablets to try gain sleep and pick myself back up, but he signed me off work for 2 weeks as he determined I was not well enough to go due to occupational stress. So as of the 20th of this month I have been off on sick leave. I am due to return on Monday 3rd of Feb to which I will be having a meeting regarding the stress caused by work. Today, I received my payslip in the post! They have paid me basic yet again! But not only that... It shows on my wage slip my standard full month wage, then my national insurance and payee tax has been deducted calculated from my full months wage. Then, they have deducted sick leave of £960 after I have paid tax's on a full months wage! But shouldn't they have deducted sick leave the next following month?? I have only been off sick by 8 working days so far and they have taken 70% of my wage from me?? Please, I really need some help with this as I feel I am becoming even more stressed about it all now. I need to really know, A - Can they take sick leave off my wage in advance? B - Would I be doing wrong by demanding for a cheque for all moneys owed in this meeting before I return to work? C - Should I have signed a new contract after my 6 month probationary expired? D - Are they allowed to make deductions from my wage without notifying me? E - Is sick pay immediate from the day you don't come into work? Please if you have read my story, and there is other ammunition for my meeting on Monday please let me know. I know this is one hell of a post, but to those who have read it thoroughly. Thank you so much for your time, I really appreciate your help. Dan
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