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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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I have been doing regular overtime for approx 3 years. Is this

Resolved Question:

I have been doing regular overtime for approx 3 years. Is this now protected. My employer wants to employ someone for those hours I do as overtime is this legal ?
Submitted: 3 years ago.
Category: Employment Law
Expert:  taratill replied 3 years ago.

taratill :

Hello my name is XXXXX XXXXX I am happy to help you today. Have you been working the same overtime hours for a period of 3 years. Is it only you who is affected by this?

Customer: Yes. I have been working 3 sleeping nights for approx 3 years. My employer wants it to be advertised for permenant employment by someone else.
taratill :

what reason have they given for this?

Customer: The only reason is that before I done this as overtime it was held by a previous employee. When she left I took on the hour because the hours needed to be covered
taratill :

how many hours is it a week?

Customer: It's 30 hoes but for 21 hours I am sleeping
taratill :

Are you paid an overtime rate/

Customer: I am paid the same rate as employees that work the other nights
taratill :

Have you already raised an objection or is this your first point of call?

Customer: No this is my first point of call as I am a senior manager I don't want it to look like I am feathering my own nest. However I would stand to loose about£700 a month by them employing someone. The other point is that I would be doing the interview and clearly I don't want to discriminate bit messy I'm afraid. I have already sifted the application form and could refuse an interview
taratill :

You have an argument that through custom and practice this overtime now forms part of your contract and it amounts to a breach of contract for these hours/ this pay to be taken away from you. If I were you I would submit a formal grievance about it before it gets to the interview stage.

taratill :

If they insist that it is not contractual then you will have to object and consider bringing a claim in the employment tribunal on the basis of breach of cotnract.

taratill :

If you have any further questions about this please do ask.

taratill :

Hello please let me know if you need any further information and good luck with it.

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