Lieu Time

[bottomburp]

I have a letter of engagement that gives my hours (9-5.30), 28 days holidays and salary: that's it. I have been working for the company for over 2 years. I always work through lunch and normally leave late - accruing the equivalent of approximately 40 - 80 days per year unpaid. Others in the company receive lieu time - it was never offered to me. I have been turned down for more money "because times are tough". Do I have a right to lieu time for the last year? I suggested a bonus but this has been refused - so do I have the legal right to say I will only work every other week until the end of March (end of financial year)?

[GrumpyToSayTheLeast]

Why don't you take lunch?

Are you forced to work overtime?

[CrappoMan]

If your employer refuses to pay for the extra worked hours, don't work them. In future, only work your contractual hours, no extra hours.

[Sidewinder]

As stated above stop working outside your contractual hours.

 

In the absence of an agreement you have no right to time in lieu

 

If the employer forces you to work then that is different. Rest breaks are statutory entitlements.

 

You will only be able to take this further IF you are suffering a detriment due to a protected characteristic - eg if all male/straight/able bodied colleagues are being granted lieu time but you are not because you are female/gay/disabled. You can put in a grievance, but if you are doing this voluntarily I really don't think it will fly

[bottomburp]

Why don't you take lunch?

Are you forced to work overtime?

I can't take lunch because my desk abuts my bosses' desk. He does not let me sit in quiet enjoyment of my lunch - firing questions and making demands throughout my lunch hour. No actually forced but if I don't do it the work will not get done.

[bottomburp]

If your employer refuses to pay for the extra worked hours, don't work them. In future, only work your contractual hours, no extra hours.

 

Sadly I realise, too late, that I am old school and this person is of the grabbing variety. I am used to the type of employer who rewards over time and excellence with bonuses - sadly it seems such gentlemen are no more.

Edited November 18, 2015 by honeybee13
Pejorative term.

[bottomburp]

As stated above stop working outside your contractual hours.

 

In the absence of an agreement you have no right to time in lieu

 

If the employer forces you to work then that is different. Rest breaks are statutory entitlements.

 

You will only be able to take this further IF you are suffering a detriment due to a protected characteristic - eg if all male/straight/able bodied colleagues are being granted lieu time but you are not because you are female/gay/disabled. You can put in a grievance, but if you are doing this voluntarily I really don't think it will fly

 

 

 

Could you define "force" please? I am not tied up, I do not have a gun held to my head - but, equally, I am not able to sit, quietly, and have lunch and I am not able to leave at the end of the day because my employer expects me to carry on working.

[becky2585]

Can you leave your work station during lunch? Might fix the problem!

[honeybee13]

I agree Becky, you don't have to stay at your desk through lunchtime.

 

I can see it might be more difficult at the end of the day.

 

HB

[bottomburp]

Can you leave your work station during lunch? Might fix the problem!

 

 

Only if I leave the building - and it's stuck in the middle of the countryside! But you are right, it probably won't stop unless I drive off for an hour - which is pretty sad, but if that's the only way to stop it! Perhaps I should say, I'll work through lunch but leave an hour earlier - would I be able to "enforce" that or is the law on the side of the employer on that too?

[Emmzzi]

Just go for a walk or read a book in your car, if it bothers you.

[bottomburp]

I agree Becky, you don't have to stay at your desk through lunchtime.

 

I can see it might be more difficult at the end of the day.

 

HB

 

 

No, I can drive away from the building at lunch time and yes, I could just stand up mid-task at lunchtime and at the end of the day. I would find that extremely rude - but then again, as he seems to think it is his right that I will give him my time for free I probably have to adopt that rather sad stance.

[bottomburp]

Just go for a walk or read a book in your car, if it bothers you.

 

It bothers me because at the end of the day I am exhausted, mainly because I have been over-worked by the person sitting opposite me. It bothers me because there are "no funds" to increase my salary but I am expected to work extra hours every day to fund their luxury cars.

[bottomburp]

My question is, not about whether it "bothers" me. Do I have an legal right to demand lieu time as my fellow employees, who are all on contracts, get lieu time.

[Emmzzi]

Only if it is agreed and approved in advance.

[bottomburp]

Only if it is agreed and approved in advance.

 

 

 

It would appear I am being discriminated against - 1. because they have contracts and I don't 2. because they are entitled to lieu time and I am not 3. because I am old school, soft touch.

[honeybee13]

It would appear I am being discriminated against - 1. because they have contracts and I don't 2. because they are entitled to lieu time and I am not 3. because I am old school, soft touch.

 

Hello again.

 

Sidewinder commented on this in post #4.

 

HB

[Emmzzi]

I think you just have different values, and you are cross because your values are not shared. It's a common cause of conflict.

 

You cannot force someone to think more like you - you can only protect your rights.

[Sidewinder]

It would appear I am being discriminated against - 1. because they have contracts and I don't 2. because they are entitled to lieu time and I am not 3. because I am old school, soft touch.

 

Discriminated against - yes

 

In the 'legal' sense - no you aren't

 

It would only be discrimination if you were treated differently for being Gay/Black/Sikh/Female/Disabled and the other colleagues were all exactly the opposite.

 

What you do have is a legal right to take lunch away from your workstation and the break must be uninterrupted. The employer must provide an area where you can do this and where food and drinks can be prepared.

 

Are you saying there is no such provision? Or at there is but you find it more convenient to take the break at your desk?

 

You cannot work through your break and finish early - the law does not allow this

[bottomburp]

Thank you Sidewinder for your comprehensive explanation. It is a very sad state of affairs but if behaving in a decent and honourable manner does not count for anything. I suppose I will just have to sink to the level of the rabble and start learning so I can start replying "I know my rights"... Too sad for words.

[Emmzzi]

Thank you Sidewinder for your comprehensive explanation. It is a very sad state of affairs but if behaving in a decent and honourable manner does not count for anything. I suppose I will just have to sink to the level of the rabble and start learning so I can start replying "I know my rights"... Too sad for words.

 

 

Again, you have a concept of "values" which you assume to be right.

 

It's right for you. It's not universally right. Maybe being less judgmental might help the office run smoother?

[bottomburp]

Again, you have a concept of "values" which you assume to be right.

 

It's right for you. It's not universally right. Maybe being less judgmental might help the office run smoother?

 

You and I will obviously have to disagree. I was actually talking morals...

[Emmzzi]

You and I will obviously have to disagree. I was actually talking morals...

 

morals are subjective too you know!

[bottomburp]

morals are subjective too you know!

 

 

Again, you and I will obviously have to disagree.

[ericsbrother]

your back must ache by now, standing on that pedestal all this time. Get down and join in the world you work in and you will soon see that your attitude is actually hindering your cause. Your employers dont think any more of you, if anything they either take you for granted or you may well be invisible to them. It cant hurt to go and see your boss and ask them about formalising the hours you are doing or question your preceived performance as thy amy well think you just cant cope and get things done in the given time.

If you are working at the same rate as your colleagues they will appreciate it more as well as you wont be seen as a threat to their working practices.