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Sharing out overtime

51 replies

BrightBlueCast · 18/03/2022 18:31

Kids’ leisure activity.
Person A works 5 sessions a week, fixed.

Person B works 1-2 sessions a week depending on their availability and the employer’s need.

Person B thinks all overtime opportunities should be divided equally, including quite large extras like trips and residentials which pay well.

Contracts not clear on the matter - it just says overtime will be offered from time to time.

Those in charge of staffing would rather have Person A for extras as they are much better at the job, much more of a team player, get on very well with everyone, great relationship with parents, kids respect her etc. Person B is less in all respects.

What’s fair? Any suggestions?

OP posts:
LizDoingTheCanCan · 18/03/2022 18:41

Part time workers are entitled to equal treatment. What is the official reason for them not being offered OT? Have they had feedback on their performance?

BrightBlueCast · 18/03/2022 18:58

Does the overtime have to be divided equally or can it be, say, proportional to the size of the regular job? Eg person A does more overtime because they have a bigger role overall in the operation

Person B has had feedback on aspects of their work and isn’t happy with it

OP posts:
BrightBlueCast · 18/03/2022 19:39

Reasons lately for not being offered overtime are: very flakey about replying to emails offering overtime, generally not available at short notice (fair enough), very frosty after a recent review about some issues with her work so people find her presence a real downer for the team. Bit of a trouble maker.

OP posts:
NameGoesHere · 19/03/2022 07:38

Sack person B?

BrightBlueCast · 19/03/2022 08:20

I don’t think people can be sacked just like that, can they? Even with what is I guess a zero hours contract.

That would be the easiest solution but surely not the ‘right’ one. Person B has flaws but just about manages to do the job. None of the shortcomings are a sackable offence.

It’s the overtime situation which is perplexing.

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Ariela · 19/03/2022 08:40

If it's pro-rata to the hours on contract then surely Person B should be offered some, but no more than 20-30% of the total overtime.

dementedpixie · 19/03/2022 08:43

Whoever is most reliable and is better at their job should be offered the most overtime

dementedpixie · 19/03/2022 08:44

Or it could be offered to both and whoever replies first gets to do it

Skyeheather · 19/03/2022 08:48

Person A should get first choice of the overtime because they are better at the job and it sounds like everyone (parents and kids) would prefer Person A to go on trips etc.

If I was Person B I think I'd be thinking that I am not suited to this role and looking for something else.

BrightBlueCast · 19/03/2022 08:50

@dementedpixie I think Person B would make life very difficult if we did that, although it would be a popular solution for some!

@Ariela that feels like a solution which has clear logic and doesn’t seem unreasonable. I’m just wondering if Person B would find a reason to contest. They are in litigation mode at present so need t be careful

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puddleduck234 · 19/03/2022 08:52

@dementedpixie

Or it could be offered to both and whoever replies first gets to do it
This is how it works at our place. I work part time and would be peeved if full time staff had preferable treatment.
puddleduck234 · 19/03/2022 08:54

I'll add though I don't get extra payments, colleagues who work over 37.5 hours get time and a half I work flat rate for extra

BrightBlueCast · 19/03/2022 08:59

@Skyeheather that’s more or less what’s been happening. And Person B is very cross.

It’s Person A’s only job and she’s nearly always free, responds quickly, can do short-notice things, grateful for the extra work , very easy to work with, goes above and beyond.

Person B has another job. Needs lots of notice for overtime (which in many cases is possible to give) but needs lots of chasing to respond to emails, gets confused, turns up at the wrong time, puts wrong hours on timesheets, complains about working conditions, creates an uncomfortable atmosphere.

Going forwards we will be more careful to note her shortcomings and deal with them in a timely manner but at the moment she feels very hard done-by and is making life difficult. I suspect legal advice has been sought.

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LemonMuffins · 19/03/2022 09:00

Alternate the offer of overtime with person A or B getting first refusal.

Overtime offering is a contentious issue. At my husband's workplace there are often arguments about who is offered what and people don't get in trouble if they agree to work a shift and then change their mind last minute! It's unionised and bizarre.

BrightBlueCast · 19/03/2022 09:03

Person B maintains that she is great at her job and says she has been told so. She even contacted an ex-employee to get confirmation of that fact. She also very much likes the job, apparently. There is no way she wants to leave.

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UghFletcher · 19/03/2022 09:08

With all the things you have been saying about Person B, I'd be getting rid.

puddleduck234 · 19/03/2022 09:09

If person B needs notice of overtime why not put a sheet up in the office or email them both at the same time when opportunities come up. Sounds like person a would still have the majority if they are on the ball about it, and you will also been seen as being fair.

Namechange13101 · 19/03/2022 09:09

We offer it on a first come first served basis to my team of 10 (who all do various different hours). Full timers get paid time and a half for overtime and oarttime get paid the normal rate until they’ve done 37.5hrs in the week and then get time and a half

HunterHearstHelmsley · 19/03/2022 09:16

Would first come first served work with a part time worker? Just imagining, you email on Monday but B isn't in until Thursday so A has already replied.

BrightBlueCast · 19/03/2022 09:45

Thanks for the continuing replies.

Luckily, I suppose, the overtime is mostly known about a term in advance so I’m thinking they could both be sent a list of dates and could state their availability. Then management divvy up. But we don’t want to do this 50/50. Would rather 80/20 as proportionate to their contracts. That’s the tricky bit.

Short notice overtime is easier because usually only Person A can do short notice and it’s usually tagged on to her normal hours - ie come in a bit early or stay a bit late.

Person B wants to be phoned about stuff rather than emailed and wants to have meetings about the rota, for which both Person A and Person B would need to be paid, as meetings are overtime too. It could all actually be done by email. We are, ourselves, on a strict budget.

OP posts:
BrightBlueCast · 19/03/2022 09:48

Both roles were created at the same time and both started at the same time. Apparently only 2 applied and so both got the jobs. There were reservations about Person B right from the start!

OP posts:
puddleduck234 · 19/03/2022 10:03

Person B wants to be phoned about stuff rather than emailed and wants to have meetings about the rota, for which both Person A and Person B would need to be paid, as meetings are overtime too. It could all actually be done by email. We are, ourselves, on a strict budget.

Surely as the manager you can tell person B no this is how it works end of?

puddleduck234 · 19/03/2022 10:10

Person A can do short notice and it’s usually tagged on to her normal hours - ie come in a bit early or stay a bit late.

Also surly this would be better for business as it's already within her hours. It wouldn't make sense to bring in person B and would cost the company more money, leaving person A to do what? Paid for staying at home?

gogohm · 19/03/2022 10:13

Proportionate to fixed hours so full time person gets overtime 80% or 75% of the option. But all overtime should be offered exclusively on a time limited basis eg if a request was sent to b and they didn't respond within 24 hours it should be offered to a and vice versa. Offering b at least 29% of opportunities seems fair because they are allowing the business to run

ChoiceMummy · 19/03/2022 10:47

@BrightBlueCast

Thanks for the continuing replies.

Luckily, I suppose, the overtime is mostly known about a term in advance so I’m thinking they could both be sent a list of dates and could state their availability. Then management divvy up. But we don’t want to do this 50/50. Would rather 80/20 as proportionate to their contracts. That’s the tricky bit.

Short notice overtime is easier because usually only Person A can do short notice and it’s usually tagged on to her normal hours - ie come in a bit early or stay a bit late.

Person B wants to be phoned about stuff rather than emailed and wants to have meetings about the rota, for which both Person A and Person B would need to be paid, as meetings are overtime too. It could all actually be done by email. We are, ourselves, on a strict budget.

Her preferences for how she's contacted are irrelevant. It's what suits the business/organisation.

So most definitely only email the overtime on offer. Legally, noone is entitled to overtime. And you could, quite feasibly, for example, literally post a notice up for the day in the office and see who comes up and says they'll be able to do it.

Person B is restricted and wishes for everyone to facilitate her restrictions so she can benefit.

Even if she has sought legal advice, it is literally that, advice. Nothing you've stated above suggests you have purposely disadvantaged her because she's a part-timer. All overtime has been open to all, she's just either not available or not the first respondent. Overtime cover needs to be covered and if someone offers, you're not going to wait for others to come forward and potentially lose the staff me ever who can cover those.