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Is this legal!?!?!?!?!?!?

(8 Posts)
sweetheart Wed 20-Apr-05 12:26:33

My sister is working loads of overtime at the moment and not being paid for it.

They have an excessive workload that the department cannot cope with and they have been told basically that they must stay until their work is finished (Without overtime) or else face disiplinary proceedures.

Is this legal - shurly her company should employ some more staff shouldn't they?!?!?!?

Any help gratefully received!!!

Freckle Wed 20-Apr-05 12:33:21

Her employers are effectively unilaterally changing the terms of her employment contract, which is not legal. On what grounds could they possibly bring disciplinary procedures?

She could refuse to comply, but then would have to carry on working for employers who would resent her. However, that is her choice.

morningpaper Wed 20-Apr-05 12:41:26

There is normally a clause in contracts that says you may be asked to work over your hours under exceptional circumstances. Is she in a union who could have a look at it for her?

Pamina3 Wed 20-Apr-05 12:41:27

Message withdrawn at poster's request.

WideWebWitch Wed 20-Apr-05 13:02:34

The 48 working week directive applies surely? Acas stuff on working time regs here (am NOT a lawyer btw)

carolerl Fri 22-Apr-05 22:39:43

Issue here is probably how much do you want to formalise any complaint. Most companies ask all employees to sign a Working time opt out form so that protects them.

In my opinion it's better to approach these issues informally - can a few colleagues speak to the line manager?

tiffini Fri 22-Apr-05 22:58:31

if she is salary paid, they do not have to pay for overtime

carolerl Fri 22-Apr-05 23:05:16

unless it's contractual or a collective agreement there isn't an automatic entitlement to overtime payments whether the employee is hourly paid or on a salary.

What kind of work is it? There might be another body who could help. (And I've always found ACAS very helpful and unbiased)

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