Overtime Disciplinary

[Sparky Swanny]

Hi All,

I could do with you help with a disciplinary that I have been called into about not doing overtime.

I have spoken to ACAS but they cant really help me about the wording of my contract. Not sure who to turn to as this could result in dismissal and I am sure this guy is victimising me.

The wording in my contract says "you will normally work a 40 hour week with a 24/7 shift pattern. Additionally you MAY also be required to fulfil duties required on out of hours occasions dependant on the business needs"

I have underlined "May",am I right in saying this would mean that I would get asked but not told to do overtime, which would mean that I am not contract to do overtime?

I will give you a rough idea about what as happened to the build up of this disciplinary, so if you could make me aware of anything that you think he might be in the wrong,

Got called into a investigation about 5 different issues of which my shift partner was also involved in 4 of the issues.

1. Overtime
2. Leaving a peace of equipment unsafe
3. mobile phones
4. using a ipad in the workshop
5. not fixing a peace of equipment

in the investigation I gave relevant reasons for all points, which my shift partner didn't.

The next time I know anything about what is going on is when he hands me a envelope containing my contract, disciplinary procedure and a letter inviting me to a formal disciplinary meeting explain that it was about not wanting to do overtime unless it was paid at 1.5x, which is correct.

I will mention that my shift partner hasn't received a disciplinary because he does overtime but he wasn't able give relevant reasons for the other points.

I would appreciate any help with this issue as I am concerned that he is after getting me the sack.

[leclerc]

Re: Overtime Disciplinary

Of all the issues you have mentioned then the most obvious issue for disciplinary is point 2. Leaving a piece of equipment unsafe as that would be a breach of health and safety.
Not fixing a piece of equipment would only be an issue imho if it was unsafe when left or that you did not handover the issue to someone else when the came on shift to be able to fix it.

Your contract is key to 1. The rest is not clear ie mobile phones...not sure what the issue is on that. Using Ipad in Workshop could fall under health and safety or breach of workplace rules.

Are you in a union?
How long have you worked in the job?
Are you suspended from work at the moment?

[Sparky Swanny]

Re: Overtime Disciplinary

Thanks for the reply.

I have been working for this company for the last 3 years but never had a problem with overtime, some months I have done 100+ hours overtime. Since my Mrs as been pregnant (Nov 2013) I haven't done any overtime due to getting the house ready and this is why he as put me in a disciplinary meeting, at no point before this investigation as he mentioned that he as an issue with me not doing overtime.

Also I haven't refused overtime I have said that I would only want overtime if it was paid at 1.5x, which they have paid me in the past. My understanding is that this could come under "custom and practice", so should I expect to be paid 1.5x?

our company isn't in a union, but the site we work at are in a union. they are called the GMB and I have spoken to them in the past. if I joined with them they still wouldn't represent me as we don't have a certain percentage of the company that are members with them, they could only give advice.

I am not suspended at the minute but if he can gets his way then I am sure he would get me the sack.

due to point 2 then I would agree that this would make the most sense for disciplinary action. I don't want sound that I am been hard done by but because point 2 involved my shift partner (who is a son of another manager who works for the same company) nothing else as been mentioned about it.

This is why I think I am being victimised because all the other key points apart from the overtime hasn't been mentioned again, even the other shift guys have said it looks like I am being victimised.

Thanks Leclerc

Regards

Sparky

[leclerc]

Re: Overtime Disciplinary

What are the reasons for the disciplinary meeting? In their letter are they stating that it is a formal disciplinary meeting that you have the right to be represented by a member of staff?
Has it stated whether they are looking at Gross Misconduct(which could lead to dismissal)?

What does your contract state about pay and overtime?

[Sparky Swanny]

Re: Overtime Disciplinary

The letter doesn't say anything about Gross Misconduct but it does state that it could lead to dismissal. the reason for the disciplinary meeting as quoted from the letter,

• "This is to discuss concerns over your refusal to do any overtime other than overtime paid at time and a half as discussed with you in your investigation previously with *Name* (line manager)".

That have stated in the letter that it is a formal meeting and I am entitled to a colleague or union rep.

Also I am not sure where they stand with the same person doing the investigation and the same person doing the disciplinarily meeting, I have being told this is conflict of interest, is that right?

my contract as got my pay listed and a overtime rate but my overtime rate isn't broken down(it just shows a figure). Also this rate is my old rate not including any pay rises I have received over the last 3 years.

Thanks Leclerc

regards

Sparky

[leclerc]

Re: Overtime Disciplinary

The overtime rate breakdown is irrelevant. Does it state that if you work over x hours that you will be paid y rate as opposed to standard rate?
BTW use a calculator for normal rate x 1.5 and you should get overtime rate figure .


At the moment, I think the meeting is a little silly in relation to overtime and we might be able to resolve this issue.

[Sparky Swanny]

Re: Overtime Disciplinary

No it doesn't state that if I work over X hours I will be paid Y pay, it only says a figure for overtime.

I have copied in the part of the contract in question.

4 REMUNERATION
Your rate of pay will be £***** per annum and £***** shift allowance. Your
salary will be paid monthly on the last working day, in arrears by credit transfer to
your Bank account.
You are eligible for a further £*** (£***p/hr overtime) per annum after
successfully completing your 6 month probationary period and a further £***
(£***p/hr overtime) after a successful 12 month period (to be agreed with your
Line Manger)
Overtime is payable in this position.

I have also copied in the part of the contract that asks me to do overtime,
5 HOURS OF WORK
You will normally work a 40 hour week with a 24/7 shift pattern. Additionally you
may also be required to fulfil duties required on out of hours occasions
dependant on the interest of the business.
We reserve the right to amend your shift pattern with the appropriate notice
period and following consultation.
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

[leclerc]

Re: Overtime Disciplinary

In all honesty I suspect you would be better to go into the meeting in regards to overtime as a simple misunderstanding, ie that you have been doing a simple 40 hour shift due to the new baby being on the way and so you were attempting to clarify the position of overtime as your contract was not quite clear and you could not remember how that was paid, if that makes sense. If Overtime is the only issue then your company really needs to get a life

[Sparky Swanny]

Re: Overtime Disciplinary

Thanks laclerc

when I opened the letter I was gob smacked that is was over overtime, think he is really scraping the bottom of the barrel.

Would you say if he takes any other action after this meeting that I would have a leg to stand on legally?

Regard's

Sparky

[leclerc]

Re: Overtime Disciplinary

I doubt, from what you have written about the overtime that it is gross misconduct

[Sparky Swanny]

Re: Overtime Disciplinary

Thank you for your time.

[leclerc]

Re: Overtime Disciplinary

Keep us informed about your case because it's always interesting to find out a resolution especially if it all comes out well for you

[Sparky Swanny]

Re: Overtime Disciplinary

yes I will do .

I have got the meeting on Tuesday at 11:30am so ill let you know how I get on.

regards

Sparky

[Sparky Swanny]

Re: Overtime Disciplinary

Leclerc,

Just so I am clear, would you say that the wording in the contract does say that I am contracted to do overtime? if I am contracted to do overtime then I don't mind going in when he tells me to go in, but if I am not then I have a choice.

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

Regards

Sparky

[leclerc]

Re: Overtime Disciplinary

No it doesn't state that if I work over X hours I will be paid Y pay, it only says a figure for overtime.

I have copied in the part of the contract in question.

4 REMUNERATION
Your rate of pay will be £***** per annum and £***** shift allowance. Your
salary will be paid monthly on the last working day, in arrears by credit transfer to
your Bank account.
You are eligible for a further £*** (£***p/hr overtime) per annum after
successfully completing your 6 month probationary period and a further £***
(£***p/hr overtime) after a successful 12 month period (to be agreed with your
Line Manger)
Overtime is payable in this position.

I have also copied in the part of the contract that asks me to do overtime,
5 HOURS OF WORK
You will normally work a 40 hour week with a 24/7 shift pattern. Additionally you
may also be required to fulfil duties required on out of hours occasions
dependant on the interest of the business.
We reserve the right to amend your shift pattern with the appropriate notice
period and following consultation.
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

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