Overtime Disciplinary

[Sparky Swanny]

Re: Overtime Disciplinary

I've highlighted the bit in bold. If the "needs of the business require that you work overtime then yes, you have to work overtime". However, that should not mean that you work overtime all the time

Thanks leclerc,

Does the needs of the business mean that when my manger wants me to work overtime or do they need some kind of reason? So for example if it was overtime to cover holidays which are not unforeseen as these holidays need covering every year then I don't need to do overtime but if it was extra work that was unforeseen then I would be required to do overtime?

Regards

sparky

[leclerc]

Re: Overtime Disciplinary

Thanks leclerc,

Does the needs of the business mean that when my manger wants me to work overtime or do they need some kind of reason? So for example if it was overtime to cover holidays which are not unforeseen as these holidays need covering every year then I don't need to do overtime but if it was extra work that was unforeseen then I would be required to do overtime?

Regards

sparky

Unfortunately, it means that you are a slave to the manager,so if you haven't considered leaving the company then now might be an opportunity to look for employment. However, you are soon due for statutory paternity leave when the new baby arrives an you should always make them aware of the fact that you have to have one eye on the mobile due to your partner's condition

[Sparky Swanny]

Re: Overtime Disciplinary

cheers mate

I am looking for other employment but didn't really want to leave this company but this new manager is a right idiot and I don't think I have a choice.

am I right in saying if I am contract to do overtime then my holiday entitlement should be worked out taking that into consideration? I think they are giving less than the statutory holidays anyway.

Regards

Sparky

[davec1960]

Re: Overtime Disciplinary

am I right in saying if I am contract to do overtime then my holiday entitlement should be worked out taking that into consideration? I think they are giving less than the statutory holidays anyway.

Holiday is based on your contracted hours, overtime doesn't count towards accrued holidays.
Statutory holiday entitlement is 28 days for full time employees, this includes bank holidays.

[Sparky Swanny]

Re: Overtime Disciplinary

Holiday is based on your contracted hours, overtime doesn't count towards accrued holidays.
Statutory holiday entitlement is 28 days for full time employees, this includes bank holidays.

Thanks davec1960,

so how would it be worked out if I work shifts? I work 12hr shifts and at the minute our entitlement is 228 hours a year this is including any bank holidays (19 days), they are worked out on a annual hours basis.

[ironman]

Re: Overtime Disciplinary

The issue here is "May be required" as to your contract of employment

May = Might, perhaps
Required= Compulsory or a need

You are on dodgy ground with this and will be Gross Misconduct for failure to follow a reasonable instruction without good cause. If you can show family issues etc as to why you are unable to do the overtime then you need to discuss family friendly policies with your employer

[laura90]

Re: Overtime Disciplinary

What are your weekly hours?

[Sparky Swanny]

Re: Overtime Disciplinary

Thanks for the reply,

he as never instructed me to do overtime, he as asked if anyone as wanted to do overtime. Also he as never failed to get overtime covered by people who as wanted to do overtime.

[vanman]

Re: Overtime Disciplinary

I know if I am contracted to do overtime, he is going tell me to do most sat and sun night shifts

Regards

Sparky

just a quick point if you work 1 hour a day Overtime that be your 5 hours
see you are concerned about sat sun night shifts.
i take it they are 8 hour shifts i point out to you the The Working Time Directive in your contract
did you sign the waive

The Working Time Directive limits your working hours to no more than an
average of 48 hours a week over a 17 week reference period unless you give
specific consent to waive this limitation in writing.

Thanks leclerc

Regards





Sparky

:doh:


just seen you do 12 hour shifts 4 X 12= 48 right :thumb:

[Sparky Swanny]

Re: Overtime Disciplinary

just a quick point if you work 1 hour a day Overtime that be your 5 hours
see you are concerned about sat sun night shifts.
i take it they are 8 hour shifts i point out to you the The Working Time Directive in your contract
did you sign the waive

Hi vanman,

I work 12hr shifts days/nights and the shift pattern is DDNNOONNNOODDDOODDNNOOOOOOOO.

D=Days
N=Nights
O=days off

i can't remember if I signed to work more than 48hr, so I'm going ask to see the signed paperwork saying that I have.

Regards

sparky

[vanman]

Re: Overtime Disciplinary

I work 12hr shifts days/nights and the shift pattern is DDNNOONNNOODDDOODDNNOOOOOOOO.

D=Days
N=Nights
O=days off
sparky

so looking at your rota you work 14 days out of 28

[Sparky Swanny]

Re: Overtime Disciplinary

Yeah that's right

[vanman]

Re: Overtime Disciplinary

right 40 hours a week times 4 weeks =160 hours

14 x 12 = 168 i make that 8 hours over time in the 4 week period

[Sparky Swanny]

Re: Overtime Disciplinary

Yeah that's a very good point mate.

we don't get anything stopped for taking launch breaks at work, so can they say the extra 2hr a week is to take into account for launch Breaks?

I do see your point that I'm doing overtime already (2hr a week) so they can't say I'm refusing to do overtime (or can they?)

[vanman]

Re: Overtime Disciplinary

so they can't say I'm refusing to do overtime (or can they?)

look as long as you do some overtime as your contract states they can not make you work a full shift if you don't want to
don't let them grind you down.