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Hi All,

 

Exploring a job move and due to my previous issue, and general experience, started exploring contract properly before I sign anything. Got few questions.

 

Bit of background I am a hotel worker doing night shifts in reception so no physical work but I guess mental strain at times ;)

 

In the contract it states that my salary is xxxxx pro based on 39h week. All clear there.

In the same paragraph it states overtime is included in salary (no news there as mostly the case in Hospitality). It also states some overtime may be required.

Finally it says that due to nature of business work might be shift basis, including weekends and I will be informed about my working hours via rota system.

 

In relation to above got first few questions.

 

1. Can I be forced to do overtime when contract says "overtime may be required"? Honestly in general I do not like doing OT when working nights as it brakes my sleeping pattern each time. Especially that I get no monetary benefit from it.

 

For example my shift ends at 07:00 can they force me to come to meetings/trainings during my days off or during the day after work? For example daily meet at 10:00, or any meetings/trainings that happen between 10:00 and 17:00? It is in middle of my sleep so I would call that unreasonable and my old employer was calling it part of your job. Now I am a night worker so how coming to work during day is part of my job?

 

2. I know that 39h week is an average based on total hours worked in 17 week period (total hours /17).

Now looking at work time directive it states my total hours are scheduled hours including any regular overtime but not occasional one.

 

This is where it gets tricky in the business as what is regular overtime in industry where nothing is regular due to 24h operation?

Looking at question 1 would training/meeting (some happen on regular basis some are one off) be classed as regular overtime?

I finish 7am, another guy starts 7am so he clocks in then and comes down every time. As result I have to stay is that regular overtime?

Finally staying longer in morning as it is busy (hotel was full last night). I would class that as regular overtime as they knew from day before it will be busy. Which one is it?

 

3. Night work limits well that one is funny as I would say I have mental strain at work being responsible for possible fire evac, security and dealing with abusive drunk people. Based on that I can not work more then 8h in 24h period. However life is life so how is it looked at in real world?

 

4. Again night work limits, this time exceptions: Law states this, limits do not apply "in an industry with busy peak periods, eg agriculture, retail, tourism or security and surveillance work" or "in jobs that need round-the-clock staffing, eg hospital work". Now do they apply to hospitality, mainly hotels, in no way it is the same as tourism while there are hotels that do not have 24h staffing so not a must have.

 

Rest breaks I will quote the law as it is in no way clear to me:

 

Rest breaks (if worker has to work over 8h limit I guess)

 

In these cases, workers must get ‘compensatory rest’ instead of a normal working week and breaks during the day.

This is a minimum of 90 hours rest a week on average, but it may not be at normal times.

 

The part where is says 90 hours rest a week on average.

 

5. Do they mean it has to be 90h a week just does not have to be at the same times, all in one go? Does that include the time I need to sleep or is it purely rest as in time off?

I just do not get that one and it is the first sentence that confuses the worst out of me.

 

Can someone in know bring some light to situation?

 

Part of the questions relate to my current job as well but worth asking to know. Mainly rest brakes and working hour limits as currently my shifts were changed from 4on/3off 10h shifts to 5on/2off and I am expected to just work each of those 5 days 10h so I can still complete same tasks as I did before (which I do not believe is fair as we had 10h shifts so we have time to complete it all).

 

Then I am also expected to work every weekend, have no regular days off as business needs it so for example coming 3 weeks when busy 6 days on but about half 5h and rest 10h. One off, then 1 on, then 1 off. Working nights I do not believe that 1st day off after night shift should be counted as day off.

 

thx in advance. Also I settled with employer I was in dispute with.

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1. they can make you do overtime but legal right to rest breaks supercedes it

2. theres no law that will give you an exact answer there

3. that you would have picked the wrong job for you

4/5 the government arent going to legislate how long you sleep for!

 

Honestly - this is not the job for you. In no way. You sound like a fixed hours day shift person to me.

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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With regards to 1. Surely an opt out agreement would need to be signed in order to make the overtime mandatory or close to it.

 

3. I would agree with Emzzii. They gave you the job requirements. You cant pick and choose what to do. A LOT of people have a hell of a lot more responsibility than that and work much longer shifts.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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With regards to 1. Surely an opt out agreement would need to be signed in order to make the overtime mandatory or close to it.

 

3. I would agree with Emzzii. They gave you the job requirements. You cant pick and choose what to do. A LOT of people have a hell of a lot more responsibility than that and work much longer shifts.

 

Point 3 is a bit of a joke ;)

 

TBH I know I have lost the drive for this job. Thing is I also know the reason. Been playing the game for 10y now and it is only getting worse. I never mind overtime but saying that I always had enough time off to have good work/life balance. Lately it has shifted way to much to work. We only have one shoot at life and my target is not to spend it at work ;)

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BTW with responsibility Yes there are people with more responsibility but they do not have to take abuse if they do not want to.

 

Cooper will just arrest you, paramedic can decline help if he feels in danger and will call cooper that will arrest you, same for fireman, soldier will just shoot you when no one looking (we are talking at work here) in hotel you have to stand there and take it. Those that mostly abuse are directors of companies, organizers that can cancel contracts.

 

Will not mention a name of lady from ITV show about singing (William was in it I think) that was physically pushing, swearing, shouting at my receptionist that she wants a room (we were full) and she does not care she forgot to book it, she admitted she forgot. She is xyz and will Cxl contract if we do not kick someone else out.

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Oh i agree there. They dont have to take abuse, but sometimes, it's part of the job and you just let it go in one ear and out the other. Simple fact is, if you disagree with the conditions of the prospective job, just pass on it and move along to the next one.

Any advice i give is my own and is based solely on personal experience. If in any doubt about a situation , please contact a certified legal representative or debt counsellor..

 

 

If my advice helps you, click the star icon at the bottom of my post and feel free to say thanks

:D

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(I'm intrigued as to who the woman off the TV is... Sounds like somebody with the initials "JJ"?) :p

 

Actually she is surprisingly nice so is Will I am which I was thinking will be bit of ego guy with stage name like this. It was none of the judges. Back stage person but famous as well.

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