overtime/contract help needed

[scotsjamie]

HI ,this is my first post and im looking forward to your replys. My query is this. My wife works for a large supermarket chain and a few months ago got a new department head, up until this point my wife worked very few sundays, only when required, but when the new head started they were putting her down for a lot of sundays, even though other members of staff were willing to do them as they got extra pay. My wife then took up her option of opting out of sundays as she was able, the downside being that the company could cut her contract by a fifth, if they decided. She went ahed and opted out and now her contract has been changed to 31 hours from 39. so she got her schedule for a few weeks, 31 then shes been told shes been put down for 36, which she doesnt want to do out of principal as she feels, as i do, that if theres the need for her to do the hours why cut the contract. Anyway she went to sign her new contract and it says something along the lines of must do overtime as required, not sure of exact wording, which she is reluctant to sign as she does not want to do overtime unless her contract is increased to reflect this. Can you be made to do overtime? And must she sign this contract or can it be changed? Also ive read somewhere that shopworkers who have the right to opt of sundays must not be treated detrimentally, can having your contract cut purely because you opt out not be seen as being treated detrimentally? Sorry for such a long post and thank you for reading so far, looking forward to your replies.

[charitynjw]

Re: overtime/contract help needed

Hi scotsjamie & welcome to Legal Beagles.

For how long has your OH worked for this employer?

[CleverClogs]

Re: overtime/contract help needed

What about Jews, who don't want to work on the Shabbat - even to the point where some won't even flick a light switch or change a light bulb on a Saturday?

What about Muslims, who'd like to opt out of working on Fridays and probably throughout Ramadan when they're starving themselves?

[scotsjamie]

Re: overtime/contract help needed

Hi scotsjamie & welcome to Legal Beagles.

For how long has your OH worked for this employer?

hi, shes been there for over 10 years now, in various departments and contract hours.

[scotsjamie]

Re: overtime/contract help needed

are you trying to make a point? im not asking about anyone else im merely asking for information and if you have nothing helpful to reply, why bother?

[CleverClogs]

Re: overtime/contract help needed

I'd tell her just to think herself lucky she still has a job, rather than a McJob with a zero hours contract.

[scotsjamie]

Re: overtime/contract help needed

I'd tell her just to think herself lucky she still has a job, rather than a McJob with a zero hours contract.

thanks for your informative and helpful reply. If the rest of the posters on this forum are as useful as you im really glad i have joined

[charitynjw]

Re: overtime/contract help needed

hi, shes been there for over 10 years now, in various departments and contract hours.

Thanks for that, scotsjamie.

I was just checking that your OH 'qualifies' to potentially claim via ET if necessary.

As regards Working Time Regulations, did she sign anything?

As I'm sure you can appreciate, without sight of the previous & new contracts of employment, it is difficult to give an accurate opinion.

[CleverClogs]

Re: overtime/contract help needed

thanks for your informative and helpful reply. If the rest of the posters on this forum are as useful as you im really glad i have joined

Refunds for subscriptions are over there. ----->

[CleverClogs]

Re: overtime/contract help needed

By the way, if she continues to work for that same company, she will be deemed to have accepted the new contract whether or not she formally signed it.

[scotsjamie]

Re: overtime/contract help needed

Thanks for that, scotsjamie.

I was just checking that your OH 'qualifies' to potentially claim via ET if necessary.

As regards Working Time Regulations, did she sign anything?

As I'm sure you can appreciate, without sight of the previous & new contracts of employment, it is difficult to give an accurate opinion.

I don't think it will go as far as that im just trying to find out some info, do companies ever change the wording of contracts for individuals in your opinion? And is it detrimental treatment that hours are cut even though they need to be worked, surely its a form of punishment?

[CleverClogs]

Re: overtime/contract help needed

And is it detrimental treatment that hours are cut even though they need to be worked, surely its a form of punishment?

No, as that would be irrational.

The company just allocates the work to employees (and WorkFare slaves) willing to do it. Due to WorkFare placements, the company probably has a surplus of labour.

[charitynjw]

Re: overtime/contract help needed

I don't think it will go as far as that im just trying to find out some info, do companies ever change the wording of contracts for individuals in your opinion? And is it detrimental treatment that hours are cut even though they need to be worked, surely its a form of punishment?

In general terms, it is for the employer to decide on hours worked.
As long as it is within the framework of the Working Time Regulations, & the express/implied terms of the employment contract.

[scotsjamie]

Re: overtime/contract help needed

In general terms, it is for the employer to decide on hours worked.
As long as it is within the framework of the Working Time Regulations, & the express/implied terms of the employment contract.

ok thanks for your help.

[scotsjamie]

Re: overtime/contract help needed

No, as that would be irrational.

The company just allocates the work to employees (and WorkFare slaves) willing to do it. Due to WorkFare placements, the company probably has a surplus of labour.

why is it irrational? opt out sunday= hours cut, 2 weeks later oh you must do 36 hours this week as we need the cover. the hours are there and available so why the cut in contract? and what is workfare, im in scotland, maybe should have mentioned that