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Ask taratill Your Own Question
taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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can a manager put you down for overtime without asking for

Resolved Question:

can a manager put you down for overtime without asking for first then tell you you have to work it?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today.

taratill :

How long have you worked for the employer and is overtime required by your contract?

Customer:

over a year you have to be flexible

taratill :

Is there a particular reason why you cannot work this overtime?

Customer:

its my day off and i have plans to go out for my grand daughters b/day

taratill :

have you raised this with your employer? If so what response have you received?

Customer:

yes i have and they said i have to do it and they can put me down for overtime when they like

taratill :

Have they said you will be dismissed if you don't work it?

Customer:

not in so many words

taratill :

Ok, the difficulty for you is that with less than 2 years service an employer can dismiss a person for any reason so long as it does not amount to discrimination on the grounds of a persons age, race, religion, disability, sex or for raising a health and safety complaint. If you had been there for over 2 years I would advise that it would be unreasonable for an employer to take action against you if you fail to work it for that reason but given that you have less than 2 years service your employer may choose to dismiss you and there would be little you can do about it.

taratill :

Employment law does not act to protect people in your position in these circumstances due to your length of service. This means that whilst what your employer is doing is not good from an employee relations point of view they are not breaking the law.

Customer:

thank you for your help and i will come to you again

taratill and other Employment Law Specialists are ready to help you

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