overtime not offered to all

[Jimbob1987]

As a manager within the care sector where overtime comes up all the time, I usually ask the person who pops into my head first, this is usually because I know they will do it and have in the past. Sometimes this type of thing comes up at a busy time and I have no time to speak with everyone and just do it to get it out the way.

 

Unfortunately unless stated in contract or there is a protected characteristic (bearing in mind ALL who wasnt asked have to have one or more of these and the chosen person has NONE) the manager can give extra hours to anyone they want.

 

As previously stated my suggestion would be to speak to manager and say that if any OT comes up in future they would like to be considered. This only means considered they would not be guaranteed it.

[Jimbob1987]

I agree with this to an extent - the best approach is to the speak to the manager and say you'd like to be considered for overtime going forward.

 

It isn't the case though that overtime can be allocated any way the employer wants. If its done unfairly the employer is leaving themselves open to legal action. And a claim of Discrimination can be made if a person with a protected characteristic isn't considered for overtime, doesn't matter if other people who don't have protected characteristics aren't considered.

 

Unfortunately the manager can give OT to who ever he wants, as long as staff get their contracted hours.

 

Also for discrimination all the staff not receiving overtime must have a protected characteristic and the person getting it none. If this wasnt the case anyone with a protected characteristic could shout discrimination everytime they dnt get their own way.

[Jimbob1987]

Caring Guy, You have been very patient bearing with us throughout this exchange of views and opinions. Especially when most of what you initially enquired about seems to have been overlooked or forgotten.

 

That initial enquiry was:

 

 

You have since explained why you feel aggrieved about this:

 

(a) The extra work was offered to one person without any opportunity given to anyone else who might have been interested or equally, or even more, entitled to be offered it.

 

(b) No reasonable explanation has been given to justify the manager’s decision despite informal conversations and questions among those concerned.

 

The first question then is; do you have a grievance? I say you do.

 

(i) Because you believe you have and you say you have.

 

(ii) You raise and discuss the issue with colleagues who are equally put out.

 

(iii) You have taken the time and trouble to seek advice about the course of action you should take on this forum.

 

I have yet to hear what this is if not a grievance.

 

The next question is; how to resolve your grievance?

 

(i) Do nothing; put it down to bad luck and get over it. This is not an option unless you are prepared to accept being treated like a doormat.

 

(ii) Try to have the matter resolved informally. You are being advised to take this course.But you have already tried this option; you have said repeatedly that you have tried over a period in conversations and informal enquiries to have your concerns and questions answered, to no avail. I see no point in continuing to advise this course. A reasonable manager would have set your mind at rest at this stage.

 

(iii) Put your grievance on a formal footing by invoking the grievance procedure.Employment law gives you the right to pursue your grievance through a formal grievance procedure. This could hardly be described as the action of a nonconformist or a revolutionary.

 

At the end of the day all you want at this stage is an answer to your grievance. It may be that you will get an answer that is quite reasonable and will persuade you that your grievance is unfounded. It may be that the answer you get will lead you to believe that you have grounds for taking the matter further. Either way you need to take the first step before you begin seriously considering the second.

 

It seems to me that you have already come to the conclusions and are more or less following the process I have outlined above.

 

The law lists some forms of discrimination as being more serious than others. This is not to say that suffering unfavourable treatment is not discrimination.

 

I suspect Atlas01 has lost the plot. He begins by advising caution and suggesting that making an official complaint might be going too far and has since progressed to advising CG to get his colleagues organised, sort of unionised, act as shop steward with authority to go to management with ultimatums.

 

Of all the advice proffered I find that of the ‘manager within the care sector’ not only sad but worrying and anyone with such an attitude should not be in a position of authority. It shows two traits that are unacceptable in a manager entrusted with responsibility. Firstly, too incompetent or too lazy to set up a fair rota system for overtime, especially since, on his own admission, the need for it comes up all the time. Secondly, what sort of a shambolic setup is he creating and running when his main concern when making decisions is to do the first thing that comes into his head in order to get it out of the way. I hope and pray that I or mine are never in the situation where he or anyone with similar ideas on how to manage has any influence.

 

Anyway Caring Guy, it seems from your last post that you are getting close to a resolution, here’s hoping.

 

Skinnered thanks for ur opinion, which is exactly what it is.

 

But have u ever worked in care, management, care management. Probably no.

 

For ur information when I am dishing shifts out, I feel I have no choice but to prioritise my work. In a sample month I have rotas and wages to do for 8 services - 27+ staff, 8 team meetings, 27+ supervisions, 8 audits (16 pages long), reviews (at least 8 per month), conduct issues, training (self and staff), adult protection issues, finances, staff shadowing, managers meetings, social work meetings, spending time with service users, plus having to answer my phone all day from many people. My phone book has 123 people in it whom I have contact with at least oncer every 6 weeks.

I also cover a distance of 57 miles (shortest route) from my base return visiting my services.

 

I have tried every system known to man but none work as great as you may think.

 

And for ur information I find you lazy and incompetent to give out factual information

 

Again I thank you for your OPINION.

 

Have a nice night.

 

J