Consistantly Working more than contracted hours

[Andrew1986]

Hi guys not sure where I stand regarding this issue I have worked at a petrol station for just over 2yrs my contract states my hours are 12hrs (2 shifts) however around a year ago a member of staff left who also worked 2 shifts I was asked to take one of there shifts on so I have been working 18hrs on 3 set days ever since

However I'm going on holiday next week and I have been told I will only get paid for 2 shifts as that's what is in my contract is that the case

As far as I was aware I was given that additional shift and it was not deemed an optional overtime

[teaboy2]

Re: Consistantly Working more than contracted hours

You were asked verbally to take on an extra shift, you verbally agreed and have therefore been working 18hrs over 3 shifts as a result for the last year. Such verbal agreement amounts to variation of terms (contract hours and days of work). You are therefore entitled to holiday pay based on hours worked over 3 days, not 2 days. Said verbal agreement is a binding contract in itself!

Also even if they disagree that it was a variation, custom and practice means the 18hrs and 3 days are implied terms of your contract.

If the overr time rate is time and a half and they have only paid you the basic hourly rate, tell them they either calculate your holiday entitlement based on your current hours of 18 p/w over 3 days p/w or you will consider suing them for unpaid over time pay for the addition shift you have been working for the last year, As such deductions (lack of paying overtime rate) amounts to unauthorised deductions from wages and is a clear breach of section 13 of the employment rights act 1996.

As you have been their over 2 years then you would qualify to take them to tribunal, if they respond to your demands with disciplinary action (unlikely), which would be unfair and amount to constructive dismissal!

[Andrew1986]

Re: Consistantly Working more than contracted hours

Well this didn't go very well

A new operator has come in and is not very nice to work for at all I've brought my contract situation. To his attention and explained that I've been working the 3 shifts but contracted to 2 for the extended period of time and asked if he would adjust my contract accordingly he was immediately very nasty to me claimed I was blackmailing him and that troublesome staff wouldn't last under him can you believe it

Not only that but if I push the situation any further he will drop me down to 2 shifts and give my current extra shift to someone else

This new operator is not well liked by any of the staff and has seemingly upset most of them over the few days he's been here his attitude seems to be my way or the highway

[Berniethebolt]

Re: Consistantly Working more than contracted hours

Oh dear, that's half the problem with new operators . What he won't understand is TUPE .

I would suggest that there are very few overtime rates these days especially in retail unless it of course specifically says so in your contract .

The problem is, if he is playing hardball your options are limited and although from what you have said it would appear that you would have a good chance of winning at ET you have to consider if it is worth it for just a few hours pay.

[vanman]

Re: Consistantly Working more than contracted hours

https://www.gov.uk/holiday-entitleme...pay-the-basics
Shift work with fixed hours (part time or full time) A week’s holiday pay equals the average number of weekly fixed hours a worker worked in the previous 12 weeks at their average hourly rate



https://www.gov.uk/calculate-your-ho...full-year/18.0
Calculate holiday entitlement


The statutory entitlement is 100 hours and 48 minutes holiday.



The employer:

• can include bank and public holidays as part of the statutory entitlement
• must not round down the holiday entitlement, but may round it up
• must provide holiday pay during the statutory leave
• can provide more paid holiday - this will be in the employment contract and is called ‘contractual leave entitlement’

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Is the holiday entitlement based on:	hours worked per week	Change answer to "Is the holiday entitlement based on:"
Do you want to work out holiday:	for a full leave year	Change answer to "Do you want to work out holiday:"
Number of hours worked per week?	18.0	Change