overtime and childcare issues

[ice198625]

Hi guys

 

i work for a company who look after the virgin media contract,

 

 

i am working at the moment over 70 hours a week which is tiring me out to be honest,

 

 

i have a family and have very little time for myself or my kids you keep telling them about it in the nicest way possible even though its hard to keep your cool sometimes and they take Sh*t all on aboard what i have to say.

 

I am on template pay (pay per job) now i can make some decent money when i get the big jobs like quad's, triples and duals.

 

But lately ive been finishing my own work by 3pm ready for home and i always seem to get lumbered with other peoples because they simply cannot keep up or had worse problems than myself in the day i never seem to get any help my way when im struggling and all my manager can say is swings and round abouts, seems to be enough swings but no round abouts my way.

 

My biggest concern is the pay im owed, i am missing money from June, August, September and October and when i keep submitting my wage query's i hear nothing back this goes on for months and up to this day i still have not received any money im owed.

 

I have joined the cable workers union but obviously want to the company to rectify this problem first without involving the union, a lad i work with has also submitted a grievance to the HR of the company and said they are looking into it he has told me to look on google for the template letter regarding pay but not having any luck

 

could anyone be so kind to point me into the right direction and is there any law to me doing more than 12 hours a day can i refuse to work after 12 hours ?

Edited November 17, 2014 by honeybee13
Company name removed.

[becky2585]

You can opt back into the 48 hour maximum working week - check your contract for the notice provisions (between one week and three months).

 

If you are doing night work then your shifts should be restricted over a calculation period - IIRC they cannot exceed 8 hours averaged out over the week (so 12 hours x 4 days would be OK, but 12 hours over 7 would not!).

 

There are all sorts of potential working time breaches here so a formal grievance may be in order (which should also deal with unpaid wages).

[rebel11]

Some info here:-

 

http://www.hseni.gov.uk/hsg256_managing_shift_work.pdf

[**Margaret**]

ice198625,

 

And here's officialdom's advice;

 

https://www.gov.uk/maximum-weekly-working-hours

 

Unfortunately I don't know of a template letter, but personally I'd go along the lines of;

 

Writing to claim wages.

Details of what you believe you're owed.

And if you don't get it within the next however long you're prepared to wait (dependent on how much you can prove you're owed) you'll consider the County Court/an employment tribunal.

 

Don't wait too long. You've already missed the three months deadline from June for an employment tribunal.

 

Best wishes, Margaret.

[ice198625]

Hi

 

Many thanks for your kind replys some great information there, I have seen a template maker for grievance letter on Citizens advice website, it give me 4 boxes with questions and when i clicked finish it made a great letter for me to send to my HR department which looked very proffesional with some great words used.

 

Will send it over tommorow recorded delivery and will post up my success (i hope)

[ericsbrother]

If you get no joy from HR/payroll then a claim in the county court small claims track is cheaper and quicker and less stressful than an ET.

Make sure that you calculate exactly what the missing hours are and what the pay should be.

[ice198625]

Hi guys

 

I work on the virgin media contract and the company i work for are always cocking up on wages, Basically ive had wage problems for the following months

 

June - Quiet abit owed to me

August

September

October

November

December

 

we are now 6 months down the line and this company i work for has still not paid me what im owed, The management arnt the best either its either payroll not doing the job there supposed to or the management not sending off my wage query's.

 

I am now off work until 27th January before i went on holiday last week i said to management i want detailed breakdowns from June - January 2015 and all i get is your wages are being dealt with i did want to take this further but they won't give me what im asking for.

 

The contract ends with this company in March 2015 as Virgin has found a new contractor which i hope is better but im just worried now i wont see any of this money

 

What rights do i have and who can i contact about the matter i am part of the cable workers union but heard they only deal with unfair disciplines etc

[fkofilee]

How much is owing? Could i suggest that you issue a Letter before action giving 14 days notice to them to pay otherwise you will take it to the court. Its money owed to you

[BankFodder]

Are you the only person affected?

 

This sounds very serious to me. Is the company well-established? Or where they set up especially simply to handle this contract?

 

I can imagine a scenario where they failed to pay their employees and then suddenly at about the end of the contract they go into administration and nobody can get their money.

 

I would contemplate starting a legal action to get my money very quickly indeed. In view of the circumstances I wouldn't even bother to implement the pre-action protocol which requires that you give 14 days notice of a legal action.

 

However, I suppose that you have to realise that once you start this then your job is finished. However as you are not getting paid – and as the job is almost at an end anyway, it doesn't seem to me as if you have very much to lose.

 

It is shocking that you have not been paid for six months. I would think about issuing a claim on MoneyClaim online this weekend.

[becky2585]

Hi guys

 

I work on the virgin media contract and the company i work for are always cocking up on wages, Basically ive had wage problems for the following months

 

June - Quiet abit owed to me

August

September

October

November

December

 

we are now 6 months down the line and this company i work for has still not paid me what im owed, The management arnt the best either its either payroll not doing the job there supposed to or the management not sending off my wage query's.

 

I am now off work until 27th January before i went on holiday last week i said to management i want detailed breakdowns from June - January 2015 and all i get is your wages are being dealt with i did want to take this further but they won't give me what im asking for.

 

The contract ends with this company in March 2015 as Virgin has found a new contractor which i hope is better but im just worried now i wont see any of this money

 

What rights do i have and who can i contact about the matter i am part of the cable workers union but heard they only deal with unfair disciplines etc

 

If it's an unlawful deduction from wages then your Union really need to help you with that. You should probably raise a formal grievance, which would protect your legal position and bring the Union well within their remit of assistance!

[ice198625]

Are you the only person affected?

 

This sounds very serious to me. Is the company well-established? Or where they set up especially simply to handle this contract?

 

I can imagine a scenario where they failed to pay their employees and then suddenly at about the end of the contract they go into administration and nobody can get their money.

 

I would contemplate starting a legal action to get my money very quickly indeed. In view of the circumstances I wouldn't even bother to implement the pre-action protocol which requires that you give 14 days notice of a legal action.

 

However, I suppose that you have to realise that once you start this then your job is finished. However as you are not getting paid – and as the job is almost at an end anyway, it doesn't seem to me as if you have very much to lose.

 

It is shocking that you have not been paid for six months. I would think about issuing a claim on MoneyClaim online this weekend.

 

Hi

 

apologizes for the late reply, my partner gave birth to a baby girl Monday hence the late reply.

 

The company i work for is called Fujitsu Telecommunications also known as FTEL.

 

They supply all tooling, vehicles with paid fuel, the company is indeed well established and is probably the richest company in the world but you wouldn't think so with how tight and skingy they are, its an absolute nightmare trying to obtain the tooling you need ive lost count how many times ive had to buy my own drill bits to complete my job, buy my own snip set but yet they threaten me with a recharge if all tooling is not returned to them when the contract ends.

 

In my eyes they was made aware the tooling was stolen out of my van when in the depot, damaged or i simply lost it, they never replaced the tooling which meant i actually went out and purchased it the missing tools myself out of my own expenses.

 

I have worked for this company for over 2 years now and never received a single penny owed to me, im probably owed money from when i first started but couldn't be bothered chasing pennys but now ive come to the end of my tether with this firm and started running my mouth abit with the protection of the cables union if they try forcing discipline for my attitude towards them its come to the point where i have exchanged a few F words towards the management about still waiting for the money im owed, this is how stressed i am lately with it and it has an effect on my marriage at the moment.

 

The contract has gone over to Kellys Communications starting end of March which i also hear bad things about its like its never ending, so in a way if i start legal proceedings i do have alot to lose as my job is on the line

 

I enjoy my job just dont like being messed about, could really try with getting my foot in Virgin Medias door as one of their employees you dont hear them complaining about there job

[Conniff]

If you want to try going to the top as well as issuing a court claim, then [email protected] is the big boss. I bet he doesn't know what is going on.

 

 

If you would like to work for Virgin, drop them a line and see what they have to offer.

 

 

Media House,

Bartley Wood Business Park,

Hook, Hampshire,

RG27 9UP

[ice198625]

Cheers for that information will try emailing him directly

[ice198625]

Hi

 

Been told i have to work compulsory overtime despite me telling them i cannot find childcare arrangements this company does not care people are paying more for childcare for the day than what they make on overtime

 

they love throwing disaplines for not coming in on over time days when they already owe me 400 pound which i havent got yet and work 70 hours a week at the moment

 

Where do i stand with the 48 hour rule and where do i stand with childcare on the disapline process

 

I dont usually work monday hence why i have my son on this day and im not paying out for childcare

 

Any advice please these long hours are crippling me

[becky2585]

You need to notify them that you are opting back into the 48 hour working week ASAP - check your contract for how much notice is required. 70 hours is crazy.

 

Also check whether overtime is compulsory under your contract.

[ice198625]

Hi

 

will check out the 48 hour and wish to opt to back into it if i can, the job is making me ill and very stressed at the moment only thing what keeps me there is the good money otherwise id of walked a long time ago.

 

Also it does state in the contract i may be needed from time to time to cover high work load on company request

[Sidewinder]

The 48 hour week is a legal right and every employee has the right to opt back in if desired - the employer cannot do anything about this and you cannot suffer detrimental treatment for exercising the right.

 

Any requirement to do overtime in times of high workload would still have to fit in with the requirements of the Working Time Regulations

[Emmzzi]

how many weeks have you been doing the 70 hours for?

[Conniff]

...and wish to opt to back into it if i can,

So have you already opted out, in writing ?

 

This isn't a fixed 48 hour week, it is 'work on average' more than 48 hours per week taken over a 17 week period. The directive refers to a permanent working week in excess of 48 hours.

 

What will have a bearing is that you must have an 11 hour continuous break in every 24 hours, so cannot be required to work more than 13 hours per day including your compulsory rest breaks.

Edited March 9, 2015 by Conniff

[ice198625]

Hi

 

Unfortunately I work for a contractor who manage the Virgin network I work 5 days a week over Tuesday to Saturday and I get Sunday Monday off

 

2 weeks ago my employer said everybody is working over time on 14th March a few of us claimed we can't do it due to appointments, dropping kids off at school etc we are being threatened with disapline if we can't prove our appointments etc

 

Now I have physio on my back after an injury I sustained at work this is for every monday until it's done with I also have to drop my eldest off at school I've told them this but they are not listening

 

I've worked almost every over time day in 3 years of working there but this is becoming far to often now

 

I can't prove my physio appointment as it's all online and is confidential information

 

I've provided a letter about it but it only shows how to book it all online

 

Do I have rights here

[Emmzzi]

why not just email the physio and ask them to mail you an appointment letter?

[Conniff]

It's only confidential without your permission, you can tell / show anyone anything about yourself.

[ice198625]

Hi

 

I have worked on my same contract for over 3 years and was TUPED over 1st April 2015, Worked for this company now for over 14 months and things are getting very stressful, My contract states occasional overtime may be required due to needs of the business and my working hours are 48 hours per week, I have told my manager i cannot work overtime quiet simply i cannot find suitable child care arrangements and this is supposed to be my day off as i work 5 days tuesday to saturday and sunday and mondays are my day off.

 

Mondays i have my kids i dont see them in the week so dont see why i should have to work the over time when i dont need it, dont see why i should have to put my hand in my pocket and pay out over £60 a day for 2 kids to go to nursery, my manager seems to think its ok to harrass and bully half of us to come into work on our days off with no extra money just our standard pay, his words are its in your contract for needs of the busy no my contract states occasioanlly this is creeping up to twice a month every month and im getting kind of fed up of it

 

This week ive done over 78 hours and told him i simply cannot come into work due to child care issues and im so tired i need the rest, ive basically been threatned with disapline procedures. he says we have all signed a form which states we have opted out of the 48 hour week, My arguement is i cant remember signing it so please supply it to me and if that is the case then 78 hours over 5 days is enough then he is expecting 6 days the week after

 

When i mentioned the over time and the hours im working all he says well why do you think we give you 4 weeks notice to sort out childcare etc my arguement is why should i put my hand in my pocket and pay out childcare and make no benefit from this over time again needs of the business comes out of his mouth i think somehow he didnt like it when said i come to work to provide for myself and my children not for the needs of the business

 

Im so stressed with this job now and thinking of calling it a day the money is so good but its not worth the hassle

[obiter dictum]

They cannot force you to work more than 48 hours a week even with some kind of compulsory overtime clause in your contract of employment unless explicitly implied

[Mr.P]

Until such time as UK employment law changes, the EU Work Time Directive is still in force. This limits you to working 48 hours per week (except for certain occupations) unless you have agreed to an opt-out. In addition, if this "overtime" is not being paid for, you need to check to see if the extra hours would take you below the NMW.

 

For more information on the EU.WTD, see: https://www.gov.uk/maximum-weekly-working-hours/overview

For enforcement, contact the HSE: http://www.hse.gov.uk/contact/faqs/workingtimedirective.htm

 

One question: Are you in a union ?