Is there anyway out of an overtime clause?

[dj9928]

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.

[monkeychicken]

if you signed the contract.......

 

(room for manure?!!)

[Sidewinder]

if you signed the contract.......

 

(room for manure?!!)

 

That made me look twice too - I presume it has autocorrected 'Manoeuvre'...

 

I think we need more precise details of the wording in the contract etc

[steampowered]

There can't be much overtime if you are already working a 45 hour week with a 48 hour limit?

[dj9928]

OK I will try and explain this the best I can, My wife worked for a major supermarket chain for 20 years, back years ago they worked out holiday pay quite different, they had a holiday fund on there wage slips, every week with deductions etc this would increase showing what holiday pay you had available.

 

Couple of years ago they scrapped this method of doing things and based it on hours rather than money, they did however still keep the holiday fund on the wage slips showing what was in it before they changed over. My wife had £600, for someone working part time on min wage this was substantial but she was told she would get this when ever she leaves,

 

So last month she enquired with her manager if this was still the case, the manager phoned head office and was told yes this is still the case etc.

 

So my wife handed her notice to leave due to childcare issues and what not, the manager told her she would get all she was entitled to the following week.

 

So the next week she gets paid her wage, holidays accrued so far this year but not the £600, and everything was taxed and national insurance paid even though her wage was so low she never paid any of this for years, she phoned head office who told her that was it, thats all she's getting. And on her final payslip the £600 thats been on there for years has been removed.

 

So where do we stand with all this?

[Guest]

Contact the head office again and ask that they double check everything as you feel that an error has been made. Quite often when you speak to head office personnel in large companies it can take a couple of attempts to actually get a correct answer. Also speak to your previous manager they maybe able to shed some light on what has gone wrong and if possible speak to a union representative.

 

If the above fails to provide you with a suitable answer then the only course of action would be to file a post employment grievance. The content of the grievance must be very specific and display any evidence supporting the claim. So attach a photocopy of a previous wage slip and also dates of when you spoke to the manager to confirm the amount due back etc.

 

It is likely an accounting error and whoever you spoke with at head office has fobbed you off.

[Conniff]

Don't do it on the phone, do it in writing preferably recorded and keep a copy.

[dj9928]

My job is very physically intensive, I also suffer from asthma, today it was 27'c out side, in our glorified metal shed it could easily be +5c, extreme heat has always been a problem for me as it triggers of my asthma. So the sweat was lashing of me, I was having issues getting a breath to the extent I fell over a couple of timeS, all down to pure exhaustion and my asthma. I said to hell with this and went to the HR guy.

 

I went into his nice air conditioned office and explained the situation, I'm not sure what I was hoping for really but I have had this problem in the past in a previous job, once I explained the problem the company was great, but this guys spits out of him, perhaps I should change my inhaler as its not working. And take a drink of water. I mean why didn't I think of that?? I had already went through 2lts of water previous to this.

 

This has really angered me, So what exactly should I do here? Am I right to be angry about this?

[JurgenMK]

If you are diagnosed with asthma your HR department should/will know that this is a recognised condition. Have you provided any medical documents? Otherwise I would...

[dj9928]

Wondering where I stand here, My wife works 1-2 nights per week, I work during the day, I was asked to do overtime tonight but can't because of I have to look after my kids. Written warning is being produced and I will get it tomorrow.

 

 

Now the unfairness of this is, I said I will work tomorrow night and Thursday night but doesn't matter, It does say in our contract about a reasonable amount of over time, Last week I did more than 48hrs per week which I gather is more than the work time directive.

 

 

So if they are gonna be a pain in the ass about this I want to play there game aswell. So how do I handle this?

[Grotesque]

Do they define 'reasonable'? -assuming that's the exact word they use?

[dj9928]

Nope, Employees are expected to do a reasonable amount over time when asked.

[Grotesque]

So you have agreed to do O/T but are in dispute over the amount. Unless you can resolve this informally (is that likely if they are issuing written warnings already?) then utilise the Individual Grievance Procedure.

Do you have an identifiable pattern of regularly refusing the O/T and just occasionally doing it 'in bulk'?

[sequenci]

Nope, Employees are expected to do a reasonable amount over time when asked.

 

Is that an express term within the employment contract?

[dj9928]

The are fully aware my wife works a few nights per week but doesn't matter a damn, If I can't do it I say and offer to do it the next available night which I believe is reasonable. Surly if its a child care concern there must be something I can do? What do they expect me to do with my kids? Bring them with me

[dj9928]

Is that an express term within the employment contract?

]Worded exactly

[sequenci]

Thank you.

 

How much notice were you given about having to work the overtime?

[dj9928]

This morning we got told we have to work tonight, tomorrow night and Thursday night, we already work 42.5 hrs standard, overtime is 2hrs each night which would take us over the 48hrs

[sequenci]

Personally, I cannot see that it's a reasonable request that you work overtime with so little notice. I'll go and report this to grab someone more up on employement law to help you...

[dj9928]

Personally, I cannot see that it's a reasonable request that you work overtime with so little notice. I'll go and report this to grab someone more up on employement law to help you...

 

 

 

Thanks, I also thought the fact I had dependants to look after would count for something but obviously not.

[Emmzzi]

So, when you submitted your flexible working application under current legislation, to have an exemption to the overtime agreed, what happened?

[rebel11]

Hi dj

 

Here's some info:- https://www.gov.uk/overtime-your-rights/compulsory-overtime

 

http://www.acas.org.uk/index.aspx?articleid=4249

 

It is unreasonable as your children can't be left unattended.

 

Do you have a company handbook?, does it have any exception when you wouldn't be required to work overtime.

[Grotesque]

Personally, I cannot see that it's a reasonable request that you work overtime with so little notice. I'll go and report this to grab someone more up on employement law to help you...

 

The WTD springs to mind, primarily.

 

So, when you submitted your flexible working application under current legislation, to have an exemption to the overtime agreed, what happened?

 

They probably informed him that he had the right to request it, they would consider his request, that they had considered it, and had rejected it ...all in keeping with current legislation.

[dj9928]

Do you have a company handbook?, does it have any exception when you wouldn't be required to work overtime.

 

 

 

 

 

There are no exceptions.

[dj9928]

So what do I do now then