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Hi All

 

first time on CAG

 

I am a Manager who works a roster

I am being told at very short notice that I must work extra hours (unpaid) and change my rostered days etc

Can anyone quote me the legislation I need to fight this, or alternatively, is there nothing I can do?

 

Many thanks

 

Lloydiow

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Hello and welcome to CAG.

 

Do you have your contract or particulars of employment handy? It would help us to advise you if you could tell us what it says about your hours.

 

HB


Illegitimi non carborundum

 

 

 

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Lloydio,

You need to read-up on the European Working time directive. It does NOT matter what it says in you contract of employment unless there is a local agreement that you have signed up to, then it does matter. When you contract does matter is when you work the overtime, does it say in your contract that "managers" will work overtime for time in lieu - or just as part of the job - in otherwords are you salaried. The regs are quite involved and have all sorts of calculations , depending on the notice you are given. For instance, less than seven days notice is automatically another day off and also payment for the overtime worked. But have a read an you will be able to sort out what applies to you. I would also recommend printing the regs out for future reference and to give a copy to your employer(s).

 

Cheers - Scousegeezer

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Thanks all

 

I have actually never signed the Management contract, I came up through the grades and they sent me 2 copies of the contract, but have never asked for it so I never sent it back

I do believe the contract says 37 hours per week bla bla bla, 26 days paid holiday plus Bank Holidays bla bla bla, may need to work extra hours subject to business needs, or words to that effect, cannot find the contract at the mo.

I will take a good look this evening

 

thanks again

 

Lloyd

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Thanks all

 

I have actually never signed the Management contract, I came up through the grades and they sent me 2 copies of the contract, but have never asked for it so I never sent it back

I do believe the contract says 37 hours per week bla bla bla, 26 days paid holiday plus Bank Holidays bla bla bla, may need to work extra hours subject to business needs, or words to that effect, cannot find the contract at the mo.

I will take a good look this evening

 

thanks again

 

Lloyd

 

Read the contract carefully. The fact that you have not signed it does not matter, as by working under it without complaining you will almost certainly be deemed to have accepted the terms contained it it. On that basis you will find it very difficult that the employer is changing your contract as the requirement exists already.

 

Although you will be expected to work additional hours 'due to the nature of the business', there has to be an element of reason, and certainly you couldn't start doing more than 48 hours a week without being constrained by the WTD (unless you have opted out in writing).

 

Your best approach would be a written grievance on the basis that the lack of notice will cause you problems. This might delay any change, but ultimately, I think you may find that you are bound by the contract that you have implied acceptance of by working under it.


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Thanks for that, I will have a good think about my options.

Because the overtime is unpaid, can I actually get anything back?

 

Thanks

 

Lloyd

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Unlikely. As a 'Manager' a certain degree of flexibility would normally be commensurate with that position where perhaps those without the title would expect to be paid to the minute.Naturally that should work both ways and if you are expected to carry out unpaid overtime, a reasonable employer should allow the same consideration to times when you need a little time off. I note that the contract clause does not say '....for which the appropriate rate will be paid....'

 

Are you salaried or hourly paid? Do you have to clock in and out?


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Thanks

I am salried, I do not have to 'clock' in, but do work a roster

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Hi, you seem to have been very ill informed your employer on these changes which could be deemed as substantial changes to your pattern of work.

 

What consultation have you had? I would also look on the ACAS website for advice and support and google the ICE regulations which will give you some help.

 

Alot of people believe that by not signing the statement of particulars that the terms aren't valid, that isn't the case as you will have now affirmed to the changes as you haven't objected to them. The same with a change like this, you must lodge a grievance at the earliest opportunity (once you have all the facts and your legal position clear in your mind).

 

If your contract of employment says that you can work a varied rota etc and its by agreement with management then thats fine but you haven't agreed to the changes.

 

Obtain your companies grievance procedure so your clear on the timescales and process of any complaint.

 

Have any other colleagues been affected by this change?


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My advice is only my opinion, I am not a legal expert.

 

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Thanks again

What is happening is that there are 3 people on the roster, which is fine until someone is odd sick, on leave, on a course etc, then the other 2 are expected to cover all the hours.

I have been extremely flexible in this but refuse to work extra weekends as it affects my personal life, my lady works full time also.

It has come to a head and the Senior Management are putting their feet down and I just want a little knowledge for my reposte

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