Quick question regarding 'overtime'

Joshy · 24 Jan 2011 at 19:38

Hi there guys, just a quickie. I know Google could probably have sorted me out, but I enjoy that 'personal' touch

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Put simply, Can an employer 'force' someone into working 'overtime'/outside the typically contracted hours

It is regarding being asked to stay late on a Friday for a couple hours after my usual working hours and then coming in on the next Saturday for a couple of hours (I am not contracted to work Saturdays) It might be worth mentioning that I am being asked to do something that I'm almost certain is not remotely covered by my job description/contract.

Could my employer perhaps 'fiddle' my hours and ask me to leave a few hours earlier during the week and then tell me to stay late and come in on the Saturday in order to force me to make the time up?

If I flat out refuse to do it am I leaving myself open for a warning of some sorts for not complying to a 'reasonable' request, or something to that effect? Personally I do not consider it to be a reasonable request, but I'd like to know for sure

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Cheers.

Theophany · 24 Jan 2011 at 19:41

If it's not in your contract and you don't owe him something off the record, I'm pretty sure you can tell him where to shove it.

That is of course unless the request is reasonable, e.g. work that cannot be completed during your work hours that you are contractually obliged to complete, something like that.

Of course, could be an opportunity to score some big money overtime.

ashrobbo · 24 Jan 2011 at 19:41

you must have some sort of contract with all of this on?

My hours are regarded as 9-5.30 mon-fri, anything out of this is overtime, and I get the time back.

Nuff said. they cant force you to do anything, depends on how much you are willing to help out the company, swings and roundabouts.

jimbobaggies · 24 Jan 2011 at 19:45

http://www.direct.gov.uk/en/Employment/Employees/WorkingHoursAndTimeOff/DG_10028439

Can you be forced to work overtime, or stopped from doing so?

Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can't usually be forced to work more than an average of 48 hours per week. If you are told to work more than this and you don't want to, you should take it up with your employer.

Deiwos · 24 Jan 2011 at 19:47

Read your contract. You might find something along the lines of 'occasional need to work evenings and weekends' or 'flexible' working hours. Without seeing your contract we can't really say yes or no.

If you don't want to do it just make a good up a enough reason like a prior commitment/smashing someones pasty/playing with yourself.

Rroff · 24 Jan 2011 at 19:48

Your contract may have a clause something along the lines of "may be required to do some overtime as required by the needs of the business". They can't force you to work specific overtime but if you don't do some overtime it could be used against you as grounds for a disciplinary.

Joshy · 24 Jan 2011 at 19:56

Could that 48 hours thing be an issue? I'm only contracted to work 40 hours a week but from the way I just read it seems like they can 'push' you into working upto 48?

As for big money for doing it - LOL. Last time I did 'OT' I got £15. BEFORE tax. They paid the same pittance of an hourly rate to us last time, although truth be told I wouldn't do it for double time. It is a principal thing and when 'principals' are involved I can be one hell of a stubborn *******.

I suppose I really should go and find my contract to be sure, but I really don't want to

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Where I do I stand in regards of being asked to do something that isn't really in my job description?

Deiwos · 24 Jan 2011 at 20:00

Joshy said:
Could that 48 hours thing be an issue? I'm only contracted to work 40 hours a week but from the way I just read it seems like they can 'push' you into working upto 48?

As for big money for doing it - LOL. Last time I did 'OT' I got £15. BEFORE tax. They paid the same pittance of an hourly rate to us last time, although truth be told I wouldn't do it for double time. It is a principal thing and when 'principals' are involved I can be one hell of a stubborn *******.

I suppose I really should go and find my contract to be sure, but I really don't want to .

Where I do I stand in regards of being asked to do something that isn't really in my job description?

Contracts inevitably have a clause which allows them to get you to do work that isn't covered in the job description. Check you contract. Simples.

Joshy · 24 Jan 2011 at 20:06

Okay, cheers.

Absolute worse comes to the worst and it is in my contract I imagine a warning of some sorts is far more likely than a dismissal?

Can you tell how stubborn I'm willing to be with this?

Edit: Actually come to think of it, their is almost certainly nothing in my contract about overtime. The contract that I signed was when I was 17 (and therefore legally not allowed to work more than 40 hours). Every single letter I have had regarding a change of terms of the contract always states something to the effect of 'Terms of contract remain as before'. I know, I should go through my paperwork to be certain, but I think I am good

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AJK · 24 Jan 2011 at 20:22

Yes, you should check your contract, and certainly there will be consequences (visible or otherwise) if you are being stubborn as opposed to standing up for your rights.

RetiredGreyFox · 24 Jan 2011 at 20:29

When I worked at Creda/Indesit I used to flatly refuse to do overtime but usually there was always somebody to do it.
During one very busy period my boss asked me and I said no and then he produced my contract from behind his back.
I had to do 1 hours overtime every night for a month

.Kencs · 24 Jan 2011 at 20:58

You dont HAVE to work it by law, as far as im aware, its 'optional' but its normally best to do it as you may need overtime in the future. There is a lot of times I dont want to do Overtime but I do it because when I need it in the future they know I will do the time.

They can try and make you feel guilty for not doing it, but if it is not in your contract then no they cant. 'Flexible hours' they can change your hours but if they call it over-time then dont worry about it...

Do the overtime mate = more money at the end of the month

RetiredGreyFox · 24 Jan 2011 at 21:52

.Kencs said:
You dont HAVE to work it by law, as far as im aware,

You do if it's in your contract and you signed it.

jimbobaggies · 24 Jan 2011 at 21:58

.Kencs said:
You dont HAVE to work it by law

I've already posted the answer from the direct.gov.uk website, and if you have a google you'll find this backed up by other legal advice sites, I hate repeating myself but...

Can you be forced to work overtime, or stopped from doing so?

Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can't usually be forced to work more than an average of 48 hours per week. If you are told to work more than this and you don't want to, you should take it up with your employer.