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New company cutting overtime

6 replies

Bubblegum89 · 09/09/2018 15:48

I work in catering at a primary school and we recently changed companies. We were TUPE’ed over with the new company reassuring us that our hours/pay would stay the same.

With the previous company, we were paid for all our overtime. The nature of the job means we have to work until everything is done. Sometimes this means we will work 2, maybe 3 hours overtime. We’ve just been told by the new company (after doing about 2.5 hours overtime a day last week) that we are only entitled to one hour of overtime.

I’m not up for working for free so we are considering working to rule although I don’t think this will end up working in our favour to be honest. The headteacher isn’t interested in our concerns. The new company is saving them £10,000 a year.

I just wondered where we stand as employees? Being told our hours etc would remain the same then being told that’s not the case. Completing our job with only an hour of overtime isn’t possible especially as the new company has doubled our workload. I have a feeling they are going to make things difficult for us so that we will retaliate and they have reason to let us go and bring in their own employees (they were kind of stuck with us as we have been working there for a while).

I want to leave in honesty but as we receive some universal credit, I don’t want to be sanctioned so want to try and explore other ways to make the company realise what they’re asking is unreasonable. I’m not confident they will change their policy just for us and will tell us to like it or lump it basically.

Just looking for advice really

OP posts:
leghairdontcare · 09/09/2018 16:01

Are you in a union? Will come back for advice later

Lazypuppy · 09/09/2018 16:14

You need to leave after an hour once you are no longer being paid. Every day. And hopefully they will start to realise.

I wouldn't work if i wasn't being paid

Ub1k · 09/09/2018 16:21

Government guidelines here www.gov.uk/transfers-takeovers , union or citizens advice can be of help too.

Bubblegum89 · 09/09/2018 17:02

Thanks for your replies. I’m not part of a union, no. I’m hoping that just working my hours and then leaving might make them realise we need more paid overtime but I’ve got a feeling they’ll use that as a way to drive us out and get someone else in

OP posts:
daisychain01 · 09/09/2018 17:28

We were TUPE’ed over with the new company reassuring us that our hours/pay would stay the same

TUPE protects certain contractual obligations not least of all continuity of service and pension.

Weasly words from those new employers, reassuring you when they know they can alter contractual elements such as hours, overtime provided they have a strong commercial case, no different to the former employer. It cannot just be railroaded through, it needs to be done in a transparent way and definitely according to an agreed timeframe.

Definitely get your union involved. Do as they want you to do for now, down tools after 1 hour ot and see how that will pan out. Highly likely if things fall apart they will think twice about it.

If you are already thinking of leaving, I wouldn't lock horns with them at this stage, they sound like they don't value their employees and don't have a clue about the workload, if you need over 2 hours ot to complete your work.

leghairdontcare · 09/09/2018 19:15

Join a union - If you work in a primary school, probably unison but speak to other support staff to see what union they're in.

Make sure you have a copy of your contract and you are clear about what hours you are contractually obliged to work each week. Do those hours and if there are outstanding tasks, tell your supervisor before you leave that you have finished your shift and there was no time to do x/y/z. Lack of resources to complete the work is their responsibility so you should always pass this upwards (in an informational, not confrontational way).

You also want to consider your pay and if working unpaid overtime affects minimum wage or foundation living wage rules (if your employer has signed up to this).

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