Advice Overtime becoming normal hours?

[Access Denied]

So about 8 months ago, a guy at work took over a full time job with a part time contract. With the balance paid in overtime. Now, in the run up to Christmas the company has cancelled all overtime, the cunts. Now I've had something bouncing around in my head the last couple of days that says if you do that sort of overtime week in, week out, for a long time then no matter what your contract says, it becomes your normal working week.

Been trying different search strings in Google and such but nothing has popped up so I'm turning to the last bastion of the desperate in hopes one you of you reprobates knows if it's true or not.

Anyone?

 

[Scouse]

Been saying it since I started work: Unpaid overtime, except on exceptional occasions, is for mugs.

If you do a lot of unpaid overtime you're a fool. You are being raped by your company and the profits are going into the pockets of the shareholders and not you.


The only time it could possibly be acceptable to do unpaid overtime is if the company is in trouble - i.e. falling into the red. If 6 months of hard slog saves your job and your company then fair enough. If your company is profitable then that cash should be YOURS first - as you do the work that earns those profits.

 

[rynnor]

Been saying it since I started work: Unpaid overtime, except on exceptional occasions, is for mugs.

I dont think hes asking about unpaid overtime but that the guys usual overtime is now cancelled - hes not working the overtime for free right?

 

[Scouse]

To be fair, I read the title and just spouted.

I rarely do that. But my head is spinning today for some reason. Hopefully I'm not coming down with anything as I'm off to Germany tomorrow for the weekend

 

[rynnor]

Is he a permanent part time worker? Does he do the same work as his full time colleagues? Has he always worked effectively full time since he joined?

 

[rynnor]

Get him to ring these guys - on the face of it if he was brought in as a part time worker but expected to work full time hours then he could probably bring a case that he is in fact a full time employee and thus it would be unlawful to cut his hours.

http://www.gmemploymentrights.org.uk/index.php/en/factsheets/part-time-workers-rights

 

[Access Denied]

Get him to ring these guys - on the face of it if he was brought in as a part time worker but expected to work full time hours then he could probably bring a case that he is in fact a full time employee and thus it would be unlawful to cut his hours.

http://www.gmemploymentrights.org.uk/index.php/en/factsheets/part-time-workers-rights

Many thanks for the link. This is what happened:

Our full time cash admin was caught stealing money so she was fired. The guy who was doing full time stock control is now cash admin and James is now doing stock control. He has effectively been doing full time hours since he started that role so he might have a case.

Edit: James joined the company as a customer assistant on a part time contract. However, as I said, since he started his new role he's effectively been full time with the balance paid in overtime.

 

[rynnor]

I'm no expert but I think he could have a case - is he really interested in taking it to an employment tribunal if they dont back down though?

 

[Access Denied]

Well his girlfriend is 3 months pregnant so the extra money he was getting would come in very handy.

 

[opticle]

What's his contract say ?

Surely he would just go to part time hours if they don't want to pay the overtime hours ?

 

[Mey]

The reason he was probably on a part time contract with the added overtime in the first place was so they could do this exact thing to him.

 

[Aoami]

All he can do is ask for a full time contract and then leave if they don't give him one

 

[SilverHood]

All he can do is ask for a full time contract and then leave if they don't give him one

Or just work to rule. If they have to hire and train someone else, it would be easier to just make him full time.

 

[Embattle]

I've heard it called flexing up which in essence is someone on a part time contract gets given overtime when things are busy but these in general tend to be short periods and give a company the flexibility to control costs.

 

[dysfunction]

That's just management speak for abusing employees.

 

[Hawkwind]

In the current climate bosses will abuse people. Unpaid overtime should only be for 'salaried employees'. Personally I do what it takes to get the job done and I get paid well. I might be a mug for that but don't mind. Working abroad outside EU really opens your eyes to how things are done in the rest of the world, even US.

 

[Scouse]

In the current climate bosses will abuse people. Unpaid overtime should only be for 'salaried employees'. Personally I do what it takes to get the job done and I get paid well. I might be a mug for that but don't mind. Working abroad outside EU really opens your eyes to how things are done in the rest of the world, even US.

Bosses will always abuse people - it's not just the current climate.

Yep, many parts of the rest of the world have a different slant. Especially the US (ten days holiday, can be fired instantly etc.).

IMO if you've accepted a part time job and you get a fair bit of overtime then that should be seen as a bonus - and you should only be planning on a part-time wage. If, after just eight months, your overtime is cut then you're a bit of a whining cunt if you think a tribunal is the way to go.

If he'd have been there a couple of years and then told the bosses "I think this is obviously a full-time position - please make it one" and THEN they'd cut the overtime, then fair enough. But it looks like they've hired an uppity pup tbfh.

 

[Access Denied]

Scouse is on his soapbox again. Here's something else for you to chew on. The company say they can't afford to give anyone in our store any mroe hours, and they've cut out all overtime. Yet they're bringing in someone in on a 30 hour contract! No one apart from management in our store works that much. We're all pissed off about that and he's understandably even more pissed.

 

[Scouse]

they're bringing in someone in on a 30 hour contract! No one apart from management in our store works that much. We're all pissed off about that and he's understandably even more pissed.

So, if he needed the extra cash because he had a baby on the way why didn't he ask for more hours?

It sounds like there was a vacancy and he missed the boat.

Is overtime at your place time-and-a-half or normal pay? That could explain why management would think it cheaper to bring someone new in rather than pay a lot in overtime...

 

[old.Tohtori]

Scouse is on his soapbox again. Here's something else for you to chew on. The company say they can't afford to give anyone in our store any mroe hours, and they've cut out all overtime. Yet they're bringing in someone in on a 30 hour contract! No one apart from management in our store works that much. We're all pissed off about that and he's understandably even more pissed.

Don't hate the person for it though, you'd all take the job if offered so you could politely tell your co-workers not to treat the new guy like sh*t

Scouse it depends on the pay, new employee has extra costs too.

 

[Access Denied]

There wasn't a vacancy that was advertised. Everyone in the store is angling for more hours and yet the company won't give them because there isn't enough money. Which is a load of bollocks tbh because where did the £3.9b profit from last year go?

I've already said that a few people in the store won't be able to be nice to him. It's not his fault but you know Human nature, people will see him coming into the store on almost 10 more hours than I'm on and they'll take it out on him.

 

[old.Tohtori]

Yeap, crappy situation for him to be honest. Can always tell him to not take it serious, what you said here and all

You could also ask the management on the reasons, perhaps there's more to it then just being moneygrabbing dicks.

 

[Scouse]

I've already said that a few people in the store won't be able to be nice to him. It's not his fault but you know Human nature, people will see him coming into the store on almost 10 more hours than I'm on and they'll take it out on him.

Fuck human nature. Those people are cunts tbfh.

 

[Yoni]

There wasn't a vacancy that was advertised. Everyone in the store is angling for more hours and yet the company won't give them because there isn't enough money. Which is a load of bollocks tbh because where did the £3.9b profit from last year go?

I've already said that a few people in the store won't be able to be nice to him. It's not his fault but you know Human nature, people will see him coming into the store on almost 10 more hours than I'm on and they'll take it out on him.

I hope you set an example and treat him with respect...

 

[Aoami]

Fuck human nature. Those people are cunts tbfh.

Not always the case. The last job I had was a part time and I was always taking extra hours as we were short staffed as did other people. A couple of us were angling for full time hours and made this quite clear. It was a kitchen job and I am an experienced chef from numerous roles and the other bloke had been doing the job part time for a year. Which one of us got the full time job? Neither. The head chef hired his mate straight off the plane from Brazil, no kitchen experience and very poor English skills. Me and the other bloke absolutely hated the cunt!

 

[old.Tohtori]

Not always the case. The last job I had was a part time and I was always taking extra hours as we were short staffed as did other people. A couple of us were angling for full time hours and made this quite clear. It was a kitchen job and I am an experienced chef from numerous roles and the other bloke had been doing the job part time for a year. Which one of us got the full time job? Neither. The head chef hired his mate straight off the plane from Brazil, no kitchen experience and very poor English skills. Me and the other bloke absolutely hated the cunt!

And you shouldn't, you should hate the head chef.

Oh yeah "blah blah experience, yada yada guy hired over me, this and that i DID not blame the guy getting hired" example since we all know that without an example that could be made up on the spot our opinions matter f*Ck all