Compulsory overtime clause in contract ??

[miliitant]

XXXXXXX has a responibility in providing a public service. this puts a special obligation on all employees to play their part in maintaning the kind of service that the public has a right to expect. the nature of the service makes a measure of overtime necessary. for this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times on any day. (including weekends and bank holidays) as the needs of the service demands

the above is taken from a new contract of employment i have just come into my possession

it is the bit about compulsory overtime written into a contract of employment i need comments on.

we all are aware it is permissible for an employer to ask the employee to do compulsory overtime as a one off for the good of the company, but to make this implied terms in a contract of employment is asking for trouble

remember people

i am a union branch official and do have a diploma in employment law so i know how to handle this, its just i would value comments from fellow workers on this draconian contractial term

[miliitant]

Re: Compulsory overtime clause in contract ??

just going through the above again, it is very clever in the way it is worded

it is a condition of your employment that you are liable to work overtime

to me, that clause is just an acknowledgement that the buisness expects that overtime may be sometimes necessary

but nowhere in that contractual term does it state that overtime is compulsory

comments people

[leclerc]

Re: Compulsory overtime clause in contract ??

I would have thought it would have said that it is a condition of your employment that you be available for overtime as and when the business needs arise.
Is that not a major change in the contract?
Are you remunerated for overtime and more than just the normal hourly rate?

[Magrew]

Re: Compulsory overtime clause in contract ??

XXXXXXX has a responibility in providing a public service. this puts a special obligation on all employees to play their part in maintaning the kind of service that the public has a right to expect. the nature of the service makes a measure of overtime necessary. for this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times on any day. (including weekends and bank holidays) as the needs of the service demands

Does it also require you to be flexible in your hours? "attend at varying times". Personally this wouldn't worry me, is there something I should worry about if I saw this?

[miliitant]

Re: Compulsory overtime clause in contract ??

it does not worry me, its just the way it is written, its very ambiguous and different to my contract term

line managers have been going around quoting this clause, even to seasoned staff saying they have to cover by way of compulsory overtime as it is written into their contract of employment

as stated

i see that clause "liable" as nothing more that the business expects that overtime (not compulsory) may be needed now and again

the contract does not state that overtime is in anyway compulsory

management are trying to use this on a daily basis for such things as staff shortage. since restructuring staff are now expected to "flex up" as their is now not enough staff to do the duties in the time allocated

in a way i have no objections IF adaquate notice, say 48 hours is given and the staff are willing to do it but not use it arbitary as a cart blanch approach

management have not yet gone against, and challenged me on this so far as they do not even know themself.

i have threatened to go to a stage 1 disagreement over this under bullying and harassment if necessary

[bluebottle]

Re: Compulsory overtime clause in contract ??

In my considered judgement, management need to clarify exactly what they mean by the term you have highlighted, Militant. If they don't, then, again, in my considered judgement, it is wide-open to abuse and asking for trouble. I have no doubt they will claim they have obtained legal advice. My answer to that would be, "Yeah."

I know the Blue Light Services work unscheduled and ad hoc overtime, especially when they have something like a major road traffic collision or serious crime to deal with. They accept that as part of the job. I know I did when I was in the police. Unless there is an overriding factor the employer can prove makes overtime essential, then the employer should, in my considered judgement, be told to comply with the Working Time Regulations.

[teaboy2]

Re: Compulsory overtime clause in contract ??

In my personal view - So long as adequate notice is given, and it employees are not being expected to do more than 48 hours (unless they signed an opt-out) then the term is no different to ordinary contracts that say from time to time they will be expected to work overtime as the buisness/company demands/requires etc.

What is unlawful is the line managers passing it of as compulsory, when it does not state anything about it being compulsory. Therefore if they are saying it is compulsory for them to do overtime and they force them to do so against the employees wishes and in addition to they basic contractual hours. Then they are infact in breach of contract. They may also be in committing blackmail, by using that term and stating is compulsory (when its not), by threatening people with disciplinary if they refuse to do overtime (thats if they are making such threats to employee's).

Basically the line managers are acting unlawfully by misleading employees over the said term in the contract, not only that by doing so the employer is in breach of said contract.

MY advice for the person whom you maybe helping, would be to tell them to put in a formal grievance about the line managers misrepresentation of that term in the contract and their daily abuse of said term. Making it clear that the term in the contract does not state it is compulsory, where as the line managers are on a daily basis misleading employees as to the nature of the term being compulsory when it is not, and therefore forcing employees to do overtime against their wishes, should any not wish to do said overtime. Which not only makes the line managers misleading statements unlawful, but also puts the company in breach of the employment contracts between company and those employees that have been a victim of the line managers abusesive and misleading use of the term in the contract.

[miliitant]

Re: Compulsory overtime clause in contract ??

that is exactly my argument

ADAQUATE NOTICE IS GIVEN

they are trying to use that term in the contract as a staff resource tool to plug gaps on a daily basis without addressing the real issue

staffing levels

ill update if needs be

many thanks