Results 1 to 4 of 4

Thread: Collective agreement enforceable?

  • Share
  • Thread Tools
  • Display
  1. #1
    jump2max's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    2
    Mentions
    0 Post(s)

    Default Collective agreement enforceable?

    Hi all,
    My company is currently going through the process of activating a banked hours system due to order book drop off. This is a manufacturing business with approx 70% shop floor 30% staff. Mainly the shop floor is unionised with a couple of people included from the office staff.

    I work in the office where this banked hours agreement is also planned to take place. I feel this is detrimental to the business but that's just my personal opinion. I am not in the union.

    My understanding is the banked hours agreement is classed as a collective agreement.

    Having checked my contract there is a statement that "no collective agreements are applicable to this position". There is also no mention at all of banked hours as a potential subject. I'm told the banked hours agreement is a collective agreement with the union.

    My question is: is the proposed banked hours agreement enforceable to myself? Given the above statement in the contract along with no mention of it before the announcement.

    Any help would be greatly appreciated.

    Thank you
    Steve

  2. #2
    Ula's Avatar

    JustBeagle Admin



    Joined
    Jul 2014
    Posts
    975
    Mentions
    146 Post(s)

    Default Re: Collective agreement enforceable?

    Just to clarify the banked hours agreement refers to introducing a system whereby hours worked over contracted hours would no longer receive a payment of overtime but instead they are held (banked) to be taken as leave at a time in the future that is agreed between managers and individual staff.

    If your contract expressly says that the position you hold, as defined in the contract, is not covered by collective agreements negotiated with the union then effectively any agreement reached should not apply to you. However, if this position is accepted by your employer do not be surprised if they try to open up a discussion with you about seeking to gain your agreement to introducing bank hours as a variation to your contract. I presume that you are currently paid overtime for any hours worked in excess of your contractual hours.

    You should also check back in your contract and see whether there is any clause in there that allows your employer to change or vary any overtime arrangements that are in place for your position. If there is then it allows for your employer to do just that, although they should discuss this with you before any changes are imposed.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  3. #3
    jump2max's Avatar

    Junior Member



    Joined
    May 2017
    Posts
    2
    Mentions
    0 Post(s)

    Default Re: Collective agreement enforceable?

    Thanks for the reply.

    My contract clearly states "there are no collective agreements applicable to this position"

    I forgot to mention that staff members work flexi time. So any hours worked over 37 are put ito a flex account and can be taken off in lieu or to work a shorted day/week. This is also what I work.

    I'm in a managerial position so therefore not entitled to overtime.

    My contract states the following:
    "Positions covered by these terms and conditions are not eligible for overtime payments. For non overtime paid positions where normal business hours work or travel becomes excessive or regularly covers weekend, then the equivalent time off in lieu may be taken with agreement from your manager."

    There is also another statement about change of pattern.
    "You may be required to alter hours of work or shift pattern in which case due notice will be given"

    The banked hours system that is due to be put in place enforces a 30hour week by closing on the Mondays. They have said that flexi time cannot be worked meaning that 100's of hours could be accrued as even if more than 30 hours were worked, this would be ignored.

    At the moment I probably work averaging 50 hours a week and a regularly hours are wiped out of my flex account as only a maximum of +16 total can be remain at the end of the month.

    Again thanks for any help you can give.

    Steve

  4. #4
    Ula's Avatar

    JustBeagle Admin



    Joined
    Jul 2014
    Posts
    975
    Mentions
    146 Post(s)

    Default Re: Collective agreement enforceable?

    Ok so although collective agreements can cover both union and non-union staff, as trade unions often negotiates on behalf of the staff employed in a specific group, it would appear from what you have said your employer has excluded your position from collective agreements by way of the statement in your contract of employment.

    I am familiar with the flexi time procedure that your employer operates and note that you are not eligible for overtime payments. However there is the clause you have identified from your contract that "You may be required to alter hours of work or shift pattern in which case due notice will be given". If you employer wants to make changes to your working hours arrangements it is likely they will approach it by way of this clause. However they will need to discuss any changes with you in advance and with due notice of the implementation of the change.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

Similar Threads

  1. CAPITAL ONE CREDIT AGREEMENT.....Is this enforceable?
    By niterider in forum Welcome Forum
    Replies: 6
    : 6th June 2016, 10:42:AM
  2. Is this agreement enforceable
    By oracleman in forum Consumer Credit Act
    Replies: 24
    : 5th December 2011, 08:21:AM
  3. Is this agreement enforceable?
    By Owl in forum Consumer Credit Act
    Replies: 4
    : 13th May 2010, 21:05:PM
  4. Is this MINT agreement enforceable?
    By Surfer in forum Consumer Credit Act
    Replies: 1
    : 11th February 2010, 22:43:PM

Posting Permissions

  • You may not post new threads
  • You may not post replies
  • You may not post attachments
  • You may not edit your posts
  •  
Contact Us



© Celame (UK) Ltd 2016
Hosted by Lodge Information Services Ltd
LegalBeagles® are DPA Registered No. ZA158014
LegalBeagles® is the trading name of CELAME (UK) LIMITED ( 09220332 )
Registered Address: 25 Moorgate, London, England, EC2R 6AY
VAT registration number 206 9740 02
User Alert System provided by Advanced User Tagging v3.1.3 (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd.
Feedback Buttons provided by Advanced Post Thanks / Like (Lite) - vBulletin Mods & Addons Copyright © 2017 DragonByte Technologies Ltd. Runs best on HiVelocity Hosting.
Celame (UK) Ltd Powered by vBulletin® Version 4.2.3
Copyright © 2017 vBulletin Solutions, Inc. All rights reserved.

To find out more about managing your money and getting free advice, visit the Money Advice Service,an independent service set up to help people manage their money.

TOP