Are companies really allowed to do this?

[philmassive]

My dh is a store manager for an electrical retail chain. The store managers were at a regional meeting this week and they were told that up to and over Christmas they would be expected to work at least 6 and probably 7 days per week with no extra pay.

Is this allowed? They are contracted to work 40 hours 5 over 7 days but also have the catch all phrase 'or as business demands'. My dh's line manager is a bully (dh has been off with depression for 3 months already this year due to him) and has said that he is going to make them sign something to agree to this. Surely this is not allowed? Is there anyone who can explain how they can get away with this to me?

have you tried contacting ACAS, that stinks. MY DH works in catering and that kind of thing is pretty normal (but still wrong IMO) for him.

If I was being completely cynical I would say the firm knows that profits are going to be down this Christmas so the only way to boost them is to reduce pay. Have the staff on an hourly rate been told they may have to work extra hours? Almost certainly not - if they can get the managers to do the hours 'for free' because of the way their contracts are structured. What has happened in previous years during the Christmas period? Have the store managers worked standard hours, or have they worked extra with overtime?

Def worth talking to ACAS or CAB.

I suspect with that wording they can get away with, and it isn't that unusual in retail to work longer hours pre Christmas. Are they offering time off in lieu at a quieter period ?

You're entitled to be paid for what you work. i.e. if you're contracted to 5 days but have to work 6 days you ought to be paid at 1.2 x your normal weekly salary.

Does that make sense?

juney - entirely dependent on your contract, though. Like most managers, I have a standard working week and then a caveat that says I will work the hours needed to get the job done, kind of thing. Philmassive's DH has the same. The trick is to work for an employer who is going to respect the clause, rather than exploit it.

I would imagine the thing he's going to ask them to sign is some sort of working hours directive opt out thing. Your DH does not have to sign this and should take legal advice. I think it is reasonable to expect a retail manager to work longer hours over christmas, but certainally not 7 days/week, and not too a level which is likely to cause him "sickness" issues.

info here on working hours limits.

Other than getting him to agree to opt-out their only option would be to claim that if he works 40hours/week through the year his average will still be under 48 doing more at Xmas.

Personally, I think they would be on dodgy ground from a health and safety point of view, particularly given your husbands health history. Is there a HR dept he could raise his concerns with?

He doesn't have to sign an opt-out if that is what is being proposed, and he can't be punished for not doing so. Average working hours are usually worked out over a 17 week period.

Agree he should raise his concerns with HR, particularly given his medical history.