A "friend" has been told this morning by the manager they are all now on a saturday rota. This means on the 18th of this month he has have to work saturday and then every other saturday. Is this allowed? Enforced overtime?
Depends what the contract says largely. That would be the place to start looking and then go from there.
Does he have another day off during the week if he works Saturday? If he does then I'd not think it'd class as enforced overtime but a lot depends on what's in the contract.
They often have something along the lines of 'the management reserve the right to amend working hours if deemed necessary' or something similar.
somouk - MemberDepends what the contract says largely. That would be the place to start looking and then go from there.
Word,
Unless it specifically says you agree to change working times / days they can't force it - although in most organisations these sort of changes are predated by a nice lady from HR arriving at the end of your desk one day and saying "hi, you need to sign a new contract" 90%+ of people will sign it without reading it and agreeing to all manner of stuff.
No other days off and no additional days holiday in lieu.
Has he opted out from working more than the maximum allowed working hours?
Sounds odd they could just force it through but I guess also it wouldn't surprise me in this day and age. How many hours a week does the change put him at?
Tell em to shove their poxy little job !
Depends if the management forces all day saturdays or just 4 hours. Will be 44 or 48 hours per week if its all day.
We had something similar. The contract said something about being required to work 5 days in 7 or something like that rather than Mon to Fri so we all got moved onto a weekend rota. Apparently is was a temporary thing while staff shortages were resolved. 8 years later they are still doing it although I've long since left.
[url= https://www.gov.uk/maximum-weekly-working-hours/overview ]Don't know if this is useful?[/url] but what the contract wording says that's most important unless he's doing over 48 hours p/w.
Tell em to shove their poxy little job !
Really, chuck a job in because you need to work a Saturday. And what's with the 'poxy little job'?
I'm pretty sure the OP's 'friend' will have more information than what's been given here, 'Oi you need to work a Saturday from now on' hollered across a factory floor with no discussion seems unlikely.
He should tell them Saturday is when he stays in to wash his hair.
Getting extra pay for these Saturdays worked?
Also worth checking out the EU directive regarding holiday pay reflecting the overtime worked.
We had something similar but it involved being met by a manager as you came back through passport control to be told you're working the next day. Only being unable to organise childcare was a valid excuse. Only got the once but was not impressed to put it mildly.
They can still make us work on a day off but now we get a little more notice (1-3 weeks now).
My contract refers to a complicated industrial agreement which is updated separately.
use religion as an excuse or kid/dependant lol
A flexibility clause that is vaguely worded for example: 'the employer reserves the right to change terms from time to time', cannot be used to bring in completely unreasonable changes. This is because there's an 'implied term of mutual trust and confidence' in all contracts that requires the employer not to act completely unreasonably.
however you can't be forceably made to work more hours than is stated in your contract. I work 20 hours a week, they can't force me to work more than this
Really, chuck a job in because you need to work a SaturdayWhy not its only a job ffs, spent Saturdays are gone forever !
Get extra money for saturdays but thats not really the issue. If it was a temporary rota for a month id understand it but the rota dates up to xmas including xmas eve and new years eve.
[quote=poah ]use religion as an excuse
Unfortunately we're talking about Saturday, and I think that might require surgery
Are you actually working more hours, you haven't specified. I mean your friend hasn't.
Yeah its more hours. For my "friend"
Then your friend needs to check his contracted hours as stated and the European working time regulations (while he can) then present these to their line manager.
Just say no, politely. If it's overtime it's optional. They can ask, you can say no. Yes I have done it, I've literally got in the car and gone home on time when I was expected to stay at work. Bugger all anyone can do about it.
Time for a new job.
Hours worked as mandatory overtime must be used to accrue additional paid holiday.E.g. If average hours are now 44 hours instead of 40 then basic annual leave is now 44 hours x 4 per year instead of 40 hours x 4.
Just say no, politely. If it's overtime it's optional. They can ask, you can say no. Yes I have done it, I've literally got in the car and gone home on time when I was expected to stay at work. Bugger all anyone can do about it.
Unless overtime at the managements discretion is in the contract. In which case is can be considered as 'refusing a reasonable management request' which is often gross misconduct. That can be instant dismissal.
Check the contract. This is the only starting point. Nothing you read on here will be quite right
Oh, and the 48hr working time directive is an average taken over 17weeks, assuming you've not opted out (you can opt back in)