Forced to work overtime

Discussion in 'Legal' started by vilma, Oct 22, 2013.

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  1. vilma

    vilma UKBF Newcomer Free Member

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    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.
     
    Posted: Oct 22, 2013 By: vilma Member since: Oct 22, 2013
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  2. SetupaCompany

    SetupaCompany UKBF Newcomer Free Member

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    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.
     
    Posted: Oct 22, 2013 By: SetupaCompany Member since: Sep 12, 2012
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  3. digital way

    digital way UKBF Regular Full Member

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    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.
     
    Posted: Oct 22, 2013 By: digital way Member since: Oct 10, 2011
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  4. AndrewEardley

    AndrewEardley UKBF Newcomer Free Member

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    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
     
    Posted: Oct 22, 2013 By: AndrewEardley Member since: May 24, 2013
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  5. Merchant UK

    Merchant UK UKBF Ace Full Member - Verified Business

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

    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.
     
    Last edited: Oct 22, 2013
    Posted: Oct 22, 2013 By: Merchant UK Member since: Aug 15, 2010
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  6. AndrewEardley

    AndrewEardley UKBF Newcomer Free Member

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    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 :)
     
    Posted: Oct 22, 2013 By: AndrewEardley Member since: May 24, 2013
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  7. Merchant UK

    Merchant UK UKBF Ace Full Member - Verified Business

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    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. ;)
     
    Posted: Oct 22, 2013 By: Merchant UK Member since: Aug 15, 2010
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  8. AndrewEardley

    AndrewEardley UKBF Newcomer Free Member

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    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
     
    Posted: Oct 22, 2013 By: AndrewEardley Member since: May 24, 2013
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  9. Merchant UK

    Merchant UK UKBF Ace Full Member - Verified Business

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    She signed the opt in agreement, below her words

    so the employer is assuming she is willing to work upto 48 hours
     
    Posted: Oct 22, 2013 By: Merchant UK Member since: Aug 15, 2010
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  10. simon field

    simon field UKBF Big Shot Full Member - Verified Business

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    Nah, the sentence doesn't make sense :|
     
    Posted: Oct 22, 2013 By: simon field Member since: Feb 4, 2011
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  11. Merchant UK

    Merchant UK UKBF Ace Full Member - Verified Business

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    Could it be in or out? You need to sign one before the other :D I guess we'll have to wait for the OP to explain :rolleyes:
     
    Posted: Oct 22, 2013 By: Merchant UK Member since: Aug 15, 2010
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  12. AndrewEardley

    AndrewEardley UKBF Newcomer Free Member

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    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
     
    Posted: Oct 22, 2013 By: AndrewEardley Member since: May 24, 2013
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  13. AndrewEardley

    AndrewEardley UKBF Newcomer Free Member

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    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 :D
     
    Posted: Oct 22, 2013 By: AndrewEardley Member since: May 24, 2013
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  14. Merchant UK

    Merchant UK UKBF Ace Full Member - Verified Business

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    To opt out she'd have to opt in first :D 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.
     
    Posted: Oct 22, 2013 By: Merchant UK Member since: Aug 15, 2010
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  15. jules12345

    jules12345 UKBF Ace Free Member

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    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
     
    Posted: Oct 23, 2013 By: jules12345 Member since: Jun 11, 2009
    #15
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