Forced overtime where contract states no overtime

[mystikmeg]

Hello, my company has decided to make the team work one in three Saturday's (as there are only three in our small team) 9-1 paid as overtime. There is no business need, it's just to fall in line with the Customer Services department. I'd rather not do them at all but said I'd like time in lieu as I didn't want the overtime pay. They refused. We asked about doing one in four as being more reasonable which they also refused. Do I have any options? I've attached the relevant part of my contract. Thanks

[ULA]

The third paragraph of your contract gives the company the right to vary your hours of work as necessary given reasonable notice. The business need may be that they want to streamline your team with the customer service department. The additional hours will not take you over the WTR so you would not have the option to opt out.

Time off in lieu is given as an alternative to overtime so it would be useful if they have not given an explanation to your request to try and find out what their reason is for refusal. Maybe you could agree an alternate payment/time off in lieu arrangement as it may be down to the small team that you operate in that time of in lieu may not be easy for them to manage.

Given that this change is covered by your contractual terms I am not sure there is much else you can do.

[mystikmeg]

Hello, my company has decided to make the team work one in three Saturday's (as there are only three in our small team) 9-1 paid as overtime. There is no business need, it's just to fall in line with the Customer Services department. I'd rather not do them at all but said I'd like time in lieu as I didn't want the overtime pay. They refused. We asked about doing one in four as being more reasonable which they also refused. Do I have any options? I've attached the relevant part of my contract. Thanks

Thanks ULA, I take it that the 'hours of work' are the 9-5 Mon-Fri bit and not the 37.5 on the line above. They are allowed to increase my 37.5 hours per week on a permanent basis without my agreement?

[mystikmeg]

The other point is that they are just paying it as overtime whereas I think it should accrue extra annual leave as it's a permanent fixture?

[ULA]

The hours of work are 37.5 to be worked Mon-Fri 9am-5pm with a 30min lunch break.

The paragraph "The company reserves the right to vary your hours ......" is effectively a variation clause and gives the employer the right, with notice, to vary your hours of work and yes on a permanent basis.

I presume you are getting at least the statuory minimim holiday entitlement and unfortunately this situation would not provide for extra annual leave.