Working Hours Help

A question about : Working Hours Help

Hi

I was wondering if someone could help or advise me as I feel I am taking this personally rather than professionally.

At what point does overtime become a change to contracted hours?

I am currently employed to work 9/5 5 days a week (and on the contract this states Mon-Fri).

Obviously the contract also states that overtime may be required and will be paid back with time in lieu.

My employer has recently stated that I will need to work on weekends (not all, but at least 2 weekend days a month, but probably about 4 weekend days a month).

I queried this and asked about my contracted hours. They stated that I would still get two days off a week but one of them will be a weekday instead of both on the weekends.

They said that this is not a change to contracted hours, but is overtime.

I am not sure this is correct but feel my judgement may be clouded due to the situation surrounding this and the way I was told/spoken too.

Thanks for any advice/help you can give

Best answers:

• Did they ask to do this indefinitely or only for a limited period of time ?
  From your post, it is not something you need to do to finish excess work but a regular working ?
• Hi asajj
  It is indefinitely as far as I have been told.
  I am not having to work these weekend dates to finish work that has not been completed during the week.
  It would be to provide additional cover for my place of work as some of the team have decided to limit the number of weekends they are working (which is in their contract to do).
• If the 'business need' has changed then the employer is entitled to ask you to alter your contract.
  It doesn't sound like your existing contract allows for this to be a regular change however.
  Obviously when a new contract is mooted you can then decide whether or not it's acceptable.
  If it's not, the employer can reconsider their options or reconsider whether you are now suitable to fulfil the business need.
• I agree with Timbo. If your contract explicitly states Mon-Fri and you in fact being asked to work some weekends but with time off in the week, that is not overtime, it is a change in your hours.
  Things to consider:
  - How long have you been employed? If it is less than 2 years, they can simply give you notice and employ someone else on a different contract.
  - If it is longer, then they cannot simply give you notice but they can say the business needs have changed, so they are proposing a change to your contract - which also means that you can negotiate - do you know whether the other workers who cover weekends get a different or higher rate of pay? What is the going rate for this kind of job? You ,ight be able to negotiate something
  (when my company decided to trial Saturday opening, we opened for a half day on Saturday but those who worked that day got a full day off in lieu, for instance. That way, we got enough people volunteer to work Saturday that here was no issue)
• Edited for privacy
• Unfortunately, the bottom line is that there is going to be absolutely nothing you can do to stop this. The employers business needs have changed. You can argue with that all you like, but it is their absolute right to decide that. So what we are actually discussing is a change of hours - I see nothing to suggest that overtime has anything to do with it as you will still have two days a week off work.
  So what it comes down to is - you can refuse. They will then impose it. You can refuse again, but at this point you lose your job. You can claim unfair dismissal. But you'll probably lose.
  Sorry - that is the basic fact. So you need to decide what you are going to do.