Compulsory Forced Overtime

[taylorit]

Hi

Can someone please clarify UK Employment Law and Overtime. Working in the rail industry so some of the EU legislation is automatically waved and does not apply to us.

However our employment contract states that we must work overtime at short notice without further remunition. It also says we are expected to work up to a set number of rest days within a certain period without further remunition. So effectivily we are being foced to work overtime when we do not want to and waiving good bye to our rest days. Also have an issue with some members of the team on different contracts ie different contracted hours (42 hours vice 37 hours) and greater pay salary yet do not have these compulsory overtime.

Can someone clarify the law on this and what action we can take? Contracts also automatically opt out of the WTD.

I will post the exact wording of our contract on this item later.

Thanks

[charitynjw]

Re: Compulsory Forced Overtime

Hi taylorit,

Generally speaking, an employer cannot unilaterally opt an employee out of WTR.

The opt-out must be individually agreed in writing & signed, & should be reviewed periodically (typically annually).

Opting out does not affect your continued access to other statutory rights (holiday pay, etc)

& you have the right to opt back in.

However, as you correctly say, there are some jobs to which WTR doesn't apply (ie emergency services), although other legislation does. (ie Health & Safety)

[taylorit]

Re: Compulsory Forced Overtime

Extract from T&Cs below, This issue is the company are rostering us these additional turns on rest days and if we say we are unable to do them we get threatened with disciplinary action. They are also ignoring the fact of placing ourselves as not available prior to the roster being created for that week. Where some cross-cover is able to be done we are also expected to start earlier than our own normal rostered turns even when it effects our normal methods of getting to work. Some are unable to get to work for the earlier start time which is outside our normal roster.


Working Hours

• You are required to work a minimum of 37 hour week either during normal office hours or at other times as specified in your appointment letter. You are required to work such additional hours as are necessary for the effective performance of your duties without any further remuneration.
• The Company reserves the right when the nature of the work necessitates to require you to work on a shift system of working or to be on call.

Working Time Regulations

• By signing this agreement you agree that the 48 hour limit on weekly working time will not apply to you. You may terminate this agreement to this individual opt out by giving three months' written notice to the company.

Remuneration

• Your basic annual salary is Łxx per annum plus flexibility allowance of x% per annum.
• Your salary is payable in arrears in four weekly installments by direct bank credit transfer.
• In addition to your basic salary, you are eligible to participate in the Company's Management Bonus Scheme from time to time in force.
• In addition to your basic salary you may be entitled to a London or Flexibility allowance, which will be paid in four weekly installments in arrears at the same time as your basic salary. The level of flexibility which you are entitled (if any) will be determined by the role which you undertake and may vary from time to time. Flexibility allowance will be based on the appropriate combination of the following factors:
  • additional hours/days planned commitment required by the post and specified in your letter of appointment.
  • shift pattern/hours of cover.
  • likelihood of being called "outside" normal working hours.
  • unplanned nature of the time commitment.

Letter of Appointment (Extract)
You will be required to work such additional hours or undertake such additional duties as the job demands. In addition this will include, if requested, the requirement to work a minimum of eight rest days in each 13 week period.

[charitynjw]

Re: Compulsory Forced Overtime

Are you guys in a union?

[taylorit]

Re: Compulsory Forced Overtime

Yes, been balloted recently in June after a failure to agree, partly resulted in dismissal of a director, 81% action short of strike, 63% to strike. Union is very slow and sloppy with things. The appropriate managers failed to turn up to the meetings on two occasions which they agreed to then the company said the union didn't follow rules when the failure to agree arrived.

[taylorit]

Re: Compulsory Forced Overtime

We are also being forced a 24 hour period from finishing nights then back in the following morning, for example finish Monday morning at 6am then back in Tuesday at 6am for a day shift. This is effecting the livelihood of employees, causing fatigue, unnecessary stress to some - this falls under duty of care under HSaW Act I believe.

[charitynjw]

Re: Compulsory Forced Overtime

I would certainly think so - hence the question concerning the union.

In my opinion,it comes across as a thinly-veiled attempt at blackmail; I would be looking at getting the union's legal dept to have a look asap.