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Hello

Can my employer change the hours on my contract to suit themselves.

Have been informed that if we dont work overtime our hrs will be changed from 7.45-4.45 to 7am to 4.45.

The contract says we must do a reasonable amount of overtime to suit the buisness.

Thanks in advance

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Hi,

 

Have you agreed the variation with your employer?

 

and...

 

Is there, somewhere in your contract, or statement of employement, a clause allowing your employer to vary your T&C of employment unilaterally?


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Ok Suzie...

 

Bear in mind that any variation of your T&Cs should be agreed, if there is no clause in your statement of employment granting your employer the right to vary your T&Cs unilaterally!


---Aut viam inveniam aut faciam---

 

***All advice given should be taken as guidance... Professional advice should always be taken before any course of action is pursued***

 

- I do not reply directly to any PMs, but you are more than welcome to enclose a link, in a PM, to your post. Thank you -

Make a contribution to this site... Help the CAG keeping on helping you for FREE.

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thx im off sick at mo was just asking so i could give my mate the advice if they continue with their threats

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Hi Guys

 

Just a bit of help for some friends.

 

About 60 people where i work are being called into disciplinary meetings because they did not stay over to help with a stock take.

 

Everyone was told about a month before the stock take that all holidays were cancelled unless you brought poof u had a holiday booked. If they did not work the extra hours they would recieve a written warning.

 

They were asked to work on top of their usual 40hrs an extra 7 hours on the friday and 8 hours on the saturday.

 

One of the managers stood by the clock machine writing names down of people who clocked out at the usual time and was asking them if they had notes to go home who from their mothers. !!!!!!!!

 

One man has told the manager "what I do in my time is my business end of story" and walked out of meeting.

 

My question is what defence can they use when they go to the hearing stage, luckily most have been working there over 12months but not all of them some are very young too and scared of management.

 

Thanks in advance

 

Suebear

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Speak to ACAS unless its in contract of employment then overtime is voluntary and can not be made into disciplinary action.


I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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My contract says you MAY be asked to do additional hours as the business requires, Im lucky I went back the following monday after a period of sickness.

 

just so annoying when managment do as they please can we report them to anyone.

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Everyone was told about a month before the stock take that all holidays were cancelled unless you brought poof...

:-D

 

Sorry - juvenile I know.....


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I think he means your typo - poof instead of proof?


"In this situation, you know what you have to do? Just keep swimming, swimming, swimming." Dory - Finding Nemo.:wink:

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As far as the overtime request itself goes, this would almost certainly be considered a reasonable request, particularly as there is a clause where such overtime might be required in the interests of the business, and especially as ample notice appears to have been given.

 

The employer seems to have handled this badly, but providing that everybody has that clause in their contract, the employer would (IMO) be entitled to issue warnings UNLESS those not working had genuine reasons for not doing so.

  • Confused 1

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Thanks Sidewinder and for the giggle,(must check my posts before i hit submit)

 

So the defence would be I have other commitments or no one to look after kids, what about it going over the 48 working rule no one has ever been asked to sign any agreements that I am aware of.

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Thanks Sidewinder and for the giggle,(must check my posts before i hit submit)

 

So the defence would be I have other commitments or no one to look after kids, what about it going over the 48 working rule no one has ever been asked to sign any agreements that I am aware of.

 

You want to see some of my mistakes!

 

The Working Time Regs are a non-starter in this situation, as they provide only for AVERAGE working hours of 48 hours maximum calculated over a 17 week period, so this would only be a factor if the overtime was being worked regularly enough to affect the average - or if somebody has another employment and the enforced overtime at this workplace was sufficient to affect the overall averaged hours.

 

A defence is certainly that circumstances outside of work made it impossible to comply with the request for overtime on this occasion - childcare that could not be rearranged, family responsibilities elsewhere etc, however the employer could argue that such problems could have been advised before the stocktake so that they were aware.

 

It's a tricky one - nobody actually likes being forced to work extra hours, but from a business perspective, sometimes it is necessary. The key will always be negotiation.


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Could they appeal that the outcome of the hearing had already been decided before any hearing took place, as manager said a written warning would be issued if overtime was not worked.

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Absolutely. The employer in that case would be prejudicing the disciplinary process. A warning should not be issued without a hearing and importantly, a witness being present, the allegation being presented and representations made. Have a look at the company's disciplinary procedures and apply them to what has happened.


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Thanks Sidewinder I will let the people affected know and keep my fingers crossed that no one gets finished.

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Isn't this a case where the precise wording of the contract becomes important? Compare "MAY be ASKED to do additional hours as the business requires" to "MAY be REQUIRED to do additional hours as the business requires. I'm sure you can see the difference.

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It says

 

You may be required to work additional hours when authorised and as necessitated by the needs of the business. Alternative flexible working patterns may be introduced to meet the needs of the business. Details of which will be notified to you prior to any arrangements being agreed or introduced.

 

assuming everyones says the same mine is 2 yrs old.

 

suebear

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thats why I said unless its in contract, so unless they had a genuine reason for not doing the overtime then they would be expected to, however I think employer has used a sledgehammer to crack a walnut.


I know my rights Mr DCA I'm with the CAG......hello hello where you gone Mr DCA8)

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Thanks Padja i agree with the sledgehammer comment they will know the outcome of the disciplinaries today.

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So far one written warning for one person someone else has been sacked .

 

Is this legal, it certainly doesnt seem fair.

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