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Being forced to work overtime
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I'm wondering if anyone knew a law regarding forced overtime.
My contract says I have to work 10 hours a week and do a reasonable amount of overtime.
In December I am working 25 hours overtime, so instead of my contracted 40 hours I'm doing 65.
I work overtime every single month, it varies though and is obviously more around Christmas time. Two of the shifts I can't do, one because I'm at university, the other one because I'll be in London.
I told my manager this as soon as I was given the new Christmas rota (she's changed the rota about 4 times) and saw the shifts. She told me I have to do them or find someone else to do them as I didn't tell her I had made plan in my days off (I wasn't aware I had to tell her what I get up to in my days off
)
The thing that bugs me as well is that one of the shifts I'm being made to do is so the assistant manager can have holiday even though the company rules say we can't have any holiday in December. This happens every year, the manager and assistant manager have holiday in December and make people cover for them even though we have been told several times we aren't allowed holiday in December.
Basically I can't do the shifts and no else will do them, can she give me a warning for not doing them?
My contract says I have to work 10 hours a week and do a reasonable amount of overtime.
In December I am working 25 hours overtime, so instead of my contracted 40 hours I'm doing 65.
I work overtime every single month, it varies though and is obviously more around Christmas time. Two of the shifts I can't do, one because I'm at university, the other one because I'll be in London.
I told my manager this as soon as I was given the new Christmas rota (she's changed the rota about 4 times) and saw the shifts. She told me I have to do them or find someone else to do them as I didn't tell her I had made plan in my days off (I wasn't aware I had to tell her what I get up to in my days off
)The thing that bugs me as well is that one of the shifts I'm being made to do is so the assistant manager can have holiday even though the company rules say we can't have any holiday in December. This happens every year, the manager and assistant manager have holiday in December and make people cover for them even though we have been told several times we aren't allowed holiday in December.
Basically I can't do the shifts and no else will do them, can she give me a warning for not doing them?
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At the end of the day, overtime is out of your contracted hours and is your spare time. So therefore, as well as getting more money, you are doing them a favour.
I'd have a word with your manager and ask them if you can limit your overtime. At least then you are showing willing, but at the same time, not working those long hours
If your contract states reasonable overtime then its a bit vague tbh, what my idea of reasonable and somene elses may differ in a big way.
Do you work in retail? we are not allowed to take any holidays in december at all, and that includes managers.
Im covering a shift for someone on xmas eve because she has no childcare and was still told she had to work unless someone would cover for her.
Sorry I meant I'm working 65 hours a month instead of the 40 I'm contracted to. I just do weekend work because I'm a student
Yeah I work in retail, without doing these two shifts I'll be doing 16 hours overtime which I think is reasonable as I'm only contracted to do 40 anyway. I work overtime every month so they can't say I don't do a reasonable amount.
It's just these two particular shifts I can't do, but she's making me do them or find cover which I don't think I should have to.
we also have alot of seaonal staff this time of year who are often willing to cover shifts, its just catching them when they are in.
Other than that, put it in writing that for whatever reason you can not do the shift they have put you in for but are willing to do another shift? or tell them its for finacial reasons that you can only do so many hours overtime.
I do 68 hours a month and by the time xmas is here I will have done over 100 hours for december alone, which is way over what Im supposed to earn.
You say your contract includes overtime. How long have you worked for them?
It's up to your supervisor to work out the rota's not you.
If you cannot do the overtime they may try and discipline you but the law is on your side.
If you feel you need to talk to someone contact ACAS
This is the government website with all relevant information. Read the section on overtime and contracts.
Oh well its all money i guess
'Reasonable' is a matter of opinion.
Yours differs from theirs.
It seems to me that if you are contracted to work 40 hours a month, and you do already work some hours over time (how many do you normally work btw?) then they need to set out clearer guidelines as to what they expect.
Ultimately, they can only 'expect' you to work the minimum hours they contracted you for. If they are not absolutely clear about what constitutes reasonable hours, then you effectively have the choice about how many you agree to work over the minimum.
They cannot force you to work those 65 hours if you do not want to, but too many employers use guilt and/or scare tactics to get young employees to work extra hours.
If you cannot settle this with your manager, I suggest you give Human Resources a call, and ask them to clarify your position.
Try to do it 'anonymously' at first - just asking about policy and what your manager can and cannot expect from you.
If you then find that your manager is not following procedure, then make a complaint.
The law is on YOUR side here, and Human Resources will know that.
I work in a department store, I'd rather work in ASDA tbh, from what I've heard the pay is better and you get boxing day and new years day off?
I put it in writing that I can't do one of the shifts as I'm at university, but I can come in and work as many hours as they want that day after 4pm. My manager left me a snotty note back and said that it's my fault for not telling her I'm at university that day (even though I don't work that day anyway).
I've worked for them for 3 and a half years. Thanks I'll take a look at those links
I have a written contract and all it says regarding overtime is that I must do a reasonable amount to cover sickness, holidays and busy periods. It depends on the month and what is happening tbh, some months it's only around 6 hours because I'm not needed, other months it's 30 or 40 hours extra.
Thanks for your advice, I will phone HR and ask them about the situation.
I wrote that I disputed it and the reasons why and we agreed to differ. You have to let managers think they've won, or at least appear to others as though they have!
Let them know that you can't possible do the hours, stand your ground and dispute any warnings. Oh, and look for a new job when you can. I did.