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Reasonable to refuse overtime?

6 replies

DontFuckingSayIt · 30/06/2018 12:58

I work as part of a team that is small even when full staffed, however we have been down 2 members of staff (1 full time and 1 part time) for a couple of years now and this week lost a further part time member of staff. We have had a few new starters and agency temps in during this time that haven't worked out for various reasons, we currently have a new lady in who is doing well but obviously still in training so is effectively taking a trained member of staff away from their job to train her or answer her questions etc - obviously fine if she is going to stay on, nobody starts a new job knowing how to do it all.

However - due to these staffing issues, I have increased my contracted hours and now work 36 hours a week, with at least another 3 hours a week (usually more like 6+) in overtime. Since taking on the extra permanent hours, even though I am in theory paid for the overtime, I don't see a penny of it as it must take me over some kind of tax threshold and all just gets deducted. In fact I did more overtime this month than last, and my take-home pay was less this month.

Would I be unreasonable to refuse any overtime? Am I actually allowed to refuse overtime? I appreciate that the extra hours are needed more now than ever and I've always been happy to help however I can but the fact is, it's a stressful job anyway made more stressful by chronic understaffing, I'm knackered, I spend very little time with my daughter - I'm not willing to work for free!

Does anyone have any knowledge around this and can offer advice? It's not my employer at fault at all, they are still paying me for my overtime, I just don't actually receive any of it and I'm not happy to work extra hours just to pay more tax!

OP posts:
DontDrinkDontSmoke · 30/06/2018 13:01

I’m thinking of going to a 4 day week for the same reason. The 5th day I work is just to pay the taxman pretty much.

No idea about rights to refuse overtime. I imagine you can.

Lucy001 · 30/06/2018 13:21

What does your contract say? Some stipulate that overtime is required. If it doesn't then you can refuse to do overtime. Whether there are consequences to doing so, well that depends. I can't tell you how it would be viewed, and there's a difference between whether you must work overtime and whether the employer likes the fact you refuse. You know the employer...

But it is the employers fault, you know. Being understaffed for two years is a choice, not an accident. Having someone leave is an inconvenience. Not replacing them is a choice. They haven't replaced them, and if all of you left are prepared to do more work and hours, why should they bother?

If everyone is feeling the same, there's safety in numbers ( and in the union, if you have one) - if one person breaks ranks it's easier to pick them off and paint them as the bad guy who's responsible for all the extra work for the others. Better if you all agree and come too a common strategy.

user1487194234 · 30/06/2018 13:27

Depends on your contract
Some will definitely say overtime when required must be worked
I would seek a meeting with HR to discuss
Maybe be less available while not refusing eg So Sorry would love to do overtime tonight but it’s mum’s birthday/ niece’s christening /dog’s getting castrated !
Not sure how you are getting less take home pay,maybe check your tax code

scotchpie · 30/06/2018 13:38

Could you ask to take the hours back in lieu, once the staffing levels increase.

DontFuckingSayIt · 30/06/2018 14:24

Yes I am a bit concerned about being disadvantaged or scapegoated if I do refuse, although I am quite well-liked (as far as I know) at the moment, mainly just because I keep turning up! And I have spent the past however long bending over backwards to accommodate last minute shift changes and having to stay late or come in early etc etc.
We currently do have the option to take overtime back as time owing, I've never done it before because when I was doing fewer hours overall I wanted the extra money. I would start doing this instead but we've been told this will be stopped soon and all overtime will be paid.

I do think my team and my immediate management will be understanding, but it's the higher-ups I'm a bit worried about, they're obviously removed from the situation so it's all just numbers and equations to them. I'll have to have a look at my contract, I think there's something in there about having to work different hours, but I'm not sure about having to work more hours.

OP posts:
caroldecker · 30/06/2018 14:53

Please check your payslip and hours etc. there are no thresholds (outside of benefits) where you end up worse off due to being paid extra.

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