Forced to work overtime

[vilma]

Hello. I would like to ask can my employer force me to work overtime? I am working Mon - Fri and now he is forcing me to do overtime. There is written in my agreement that my minimum hours of work are 37.5 per week. I signed 48 hour average working week opt agreement, but in my agreement there is written ''You may be requested to work overtime to cover peak trading periods or employee absence. Overtime working is not guaranteed and is optional''. When I do overtime there is only 8 hours break between my shifts. Usually I don't refuse, but this weekend I can't and I already told that. Boss says that I must work and if I won't do so they will change my shift from Friday to Saturday. Can they force me to work? Can they change shift only to me, because I refused. Moreover other employees are not forced to work on Saturdays.

 

[SetupaCompany]

Im not legally qualified but as far as I can see from what you have said - no, they absolute cannot force you to work the overtime. It clearly says its optional so you have every right to refuse.

 

[digital way]

They can't force you to do overtime and you can refuse to do it as 'You may be requested to work overtime' is different from 'You may be required to work overtime'. I'm not sure what your contract says about when you do shifts though. If your contract does not stipulate Mon - Fri then they would be within their rights to ask you to do Saturday instead of Friday. If you don't like the way they are treating you then you can serve notice explaining why.

 

[AndrewEardley]

They cant force you to do over time; your contract states that it is optional (from what you have said)

They also cant change your shift at such notice. Last time I checked an employer had to give 14 days notice to change a shift, so whilst he could change your shift from Friday to Saturday (assuming your contract doesn't stipulate the days you work) he cant do it until at least 8 November

 

[Merchant UK]

Employers can ask employees to do a reasonable amount of overtime as you said

You may be requested to work overtime to cover peak trading periods or employee absence.

So i'm thinking that either they are VERY busy or there is a lack of staff. Now, you have even signed an Overtime agreement to work an average 48 hours a week, so i'm guessing that they have chosen you because you have signed the agreement to do overtime, upto 48 hours a week. I'm guessing that the others haven't signed an overtime agreement.

Finally your saying that they are going to change your shifts, Well this may be to do with business planning as opposed to affecting you directly, since you don't want to do the overtime they will be forced to get someone who will, even if it means giving them your shift.

if you do not want to do the overtime you need to rip up your agreement that you signed, plus expect your shifts to change as a result. so the business can accommodate someone who is will to do the overtime.

 

[AndrewEardley]

Now, you have even signed an Overtime agreement to work an average 48 hours a week, so i'm guessing that they have chosen you because you have signed the agreement to do overtime, upto 48 hours a week. I'm guessing that the others haven't signed an overtime agreement.

I read this to mean that she had signed to opt out of Working Time Directive; allowing her to work over 48 hours should the business need it

I may be wrong though

 

[Merchant UK]

I read this to mean that she had signed to opt out of Working Time Directive; allowing her to work over 48 hours should the business need it

I may be wrong though

Normally you sign in opt in agreement which i think is what was meant, normally you wouldn't need to sign an opt out as the law already covers you for the maximum amount of hours you can work in a week.

 

[AndrewEardley]

Why would you sign to opt in to a law that is already covering you?

My understanding is that an employer can ask you to wave (or opt out of) your rights under the WTD; thus allowing you to work in excess of the legal limit of 48 hours per week?

You would then opt back in if you later wanted to protection to be put back in place

 

[Merchant UK]

Why would you sign to opt in to a law that is already covering you?

My understanding is that an employer can ask you to wave (or opt out of) your rights under the WTD; thus allowing you to work in excess of the legal limit of 48 hours per week?

You would then opt back in if you later wanted to protection to be put back in place

She signed the opt in agreement, below her words

I signed 48 hour average working week opt agreement

so the employer is assuming she is willing to work upto 48 hours

 

[simon field]

Nah, the sentence doesn't make sense :|

 

[Merchant UK]

Nah, the sentence doesn't make sense :|

Could it be in or out? You need to sign one before the other I guess we'll have to wait for the OP to explain

 

[AndrewEardley]

She signed the opt in agreement

The statement doesn't state if it was an opt in or opt out agreement, just that she signed an opt agreement

Could be read either way really, but more logically it would be an agreement opting out of WTD

Maybe the OP can clarify what agreement she has signed

 

[AndrewEardley]

You need to sign one before the other

You would have to opt out of the WTD before you could opt back in.

You don't need to opt in first, as the law automatically covers you; unless you opt out

 

[Merchant UK]

Could be read either way really, but more logically it would be an agreement opting out of WTD

Maybe the OP can clarify what agreement she has signed

To opt out she'd have to opt in first But the law is already there so im guessing that she opted in, as she wouldn't need to opt out as the law is already there to protect employees

I agree, the OP needs to clarify, I'm guessing English is not her natural language.

 

[jules12345]

Overtime working is not guaranteed and is optional''. When I do overtime there is only 8 hours break between my shifts. Usually I don't refuse, but this weekend I can't and I already told that. Boss says that I must work and if I won't do so they will change my shift from Friday to Saturday. Can they force me to work?

Your boss cant do ****. You have shown willing in the past but on this occasion you cant work and it stipulated OT is optional. He cant change your shifts etc without changing your contract and this you need to agree to. The ET will rule in your favour on these grounds. Any good boss should be prepared to roll up his ****ing sleeves and do the job himself/herself. that's the point in being a boss. Most of them suited dweebs think that being a boss means drinking coffee in a hotel at yet another meeting. Tell him you cant do the overtime END OF STORY and you will not agree to a contract change.

Regards
Jules