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I have a contract and staff handbook that both state that I am contracted to work 37 hours. There is no provision for required/reasonable overtime, any overtime worked is voluntary. A month ago I refused to work 8 hours overtime and I have been suspended and am facing a gross misconduct charge. My management are saying things like business needs and reasonable expectation.

My question is, is this disciplinary legal.

 

Thanks

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first question

 

do you have a union and how long have you been employed for

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lets be honest to begin with shall we, you are not in the union, if you are, please say as I am here to help

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I am in a Union and as I say they are not very strong. They are of the opion that I should have worked the overtime and then argued the point after.

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how long have you been employed

 

what is the exact wording of your contract on hours

 

and if it comes down to a fight would you rather not do the extra hours or be unemployed - that determines how militant you can be!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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now was this request for overtime a sudden unexpected event, something like an order came in that had a deadline to keep, or was it due to staff shortage, did they give any notice on overtime and did they ask for any volunteers

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28 years

I must attend my place of work punctualy, I am contracted to 37 hours then refers to another section that goes on to say that the working week is over 5 days unless you have agreed to flexible working.

I have had 28 years of management telling me that I must follow the rules and I am sick to death of the When it suits mentality.

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they wanted me to attend a different site and I told them a week before that I did not want to work overtime.

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you can be sick to death all you like but we have some more information to gather first!!

 

so you work 37 ours over 5 days. Does it state Mon - Fri?

 

No mention of overtime, Did they ask you to do extra on Mon - Fri or a different day?

 

Was it to be paid or unpaid?

 

As squaddie said, what reason did they give, and how much notice?

 

Have you ever done overtime before and if so under what circumstances?

 

What was your reason for refusing on this occassion, and what reason did you give at the time?

 

You really do need to answer all the questions as we have good reasons for asking them!


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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please answer my last post as its important

 

they wanted me to attend a different site and I told them a week before that I did not want to work overtime.

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they wanted me to attend a different site and I told them a week before that I did not want to work overtime.

 

That's not a full answer to squaddie's question. I understand that you are annoyed but please slow down and give us much, much more detail so we can give you proper advice.


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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how far away is this different site from your normal place of business

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