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Nicola-mod
Nicola-mod, Moderator
Category: Law
Satisfied Customers: 21
Experience:  Moderator
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2 months ago my employer requested for me to do extra work

Customer Question

2 months ago my employer requested for me to do extra work to accomodate business requirements. At a time I was offered one of two choices either go with weekend overtime pay that is equal to 1.5 times of standard pay or take it as Flexi Time with further opportunities to take that time off work. As a result over the past 2 months due to these circumstances I've worked 10 days extra in my flexi time. All this was agreed an authorised at the times when I needed to so that extra work despite the fact that on 2 occasions the ammount of work I was carrying out was over 58 hours per week and this is goes against company's Health&Safety agreements. As a result of being pressured I've decided to change job and now in the process of changing the employer. My current contract states that my notice period is 1 month and this means that since my resignation notice my official last day should be 04/09/2013. According to the contract I'm not entitled to take my annual entitled leave during the notice period and this will be compensated to me financially. Also according to the contract my flexi hours cannot be transferred into overtime pay and also "on a termination of employment flexi time should be adjusted that any extra hours are reduced to zero during my notice period and managers should facilitate such adjustments". As a result of this I've requested for my flexi-time leave to and given managers a choice of freedom as to how and when would they prefere to facilitate those flexi hours. However, the response was that due to business requirement I will not be able to take those flexi hours and my request to take them will not be authorised and it also came with the threat that if I will try and atempt to facilitate those flexi hours myself by working less hours than this would be classed as unauthorised leave and would mean that I will be dismissed on the grounds of breaching the contract and as a result my work record will be ruined and bad referrences passed to my new employer. I feel this is highly unfair because I've already worked all those hours and should be offered them back instead of working them again. It feels like I'm being blackmailed into forced unpaid work for 2 weeks. I've discussed all the points above with my superiors and they state that according to the contract they have the right to authorise my absence hours and this means that if I want to get my refferences and leave on the grounds of my resignation, I just have to stay and work despite the fact that those hours have already been worked. Is there anything I can do to get my hours back?
Submitted: 4 years ago.
Category: Law
Expert:  Ben Jones replied 4 years ago.

Ben Jones :

Hello, my name is XXXXX XXXXX it is my pleasure to assist you with your question today. How long have you worked there?

JACUSTOMER-b2fpug25- :

5 years and 2 months

JACUSTOMER-b2fpug25- :

could you please advise further?

Ben Jones :

Apologies for the slight delay, I experienced some temporary connection issues earlier. So to clarify - your employer is also not allowing you to work the usual number of hours you would have worked according to your contract which you used to do prior to the changes a couple of months ago?

JACUSTOMER-b2fpug25- :

They are allowing me in general to work the same hours, however to meet business requirements I had to work extra hours and they've offered me flexi leave for the extra work. In the contract it states that flexi hours policy may apply. But when I look into flexi hour policy in the contract first of all it says that 9.24 On termination of employment: working hours during an employee's notice period should be adjusted so that hours above standard are reduced to zero; managers will facilitate such adjustment; and in particularly I'm concerned about the part that states that “managers will facilitate such adjustment” and my manager is refusing to facilitate this by refusing to authorise my flexi hours leave saying that as a manager he holds the decision whether to authorise my flexi leave or not and he chooses not to as it's business requirement. As a result I'm stuck with a lot of flexi hours that I've already done but there's no way for me to be able to take them out as flexi leave because manager refuses to authorise them :( I feel like I've been tricked into 10 days of forced labour

Expert:  Nicola-mod replied 4 years ago.
Hello,

It seems the professional has left this conversation. This happens occasionally, and it's usually because the professional thinks that someone else might be a better match for your question. I've been working hard to find a new professional to assist you with your question, but sometimes finding the right professional can take a little longer than expected.

I wonder whether you're OK with continuing to wait for an answer. If you are, please let me know and I will continue my search. If not, feel free to let me know and I will cancel this question for you.

Thank you!
Nicola
Customer: replied 4 years ago.

I'm willing to wait little longer but if nothing comes up in the next day or two then cancel it. Is this ok?

Expert:  Nicola-mod replied 4 years ago.
Hello,

That's fine. We will continue to look for someone to assist you.

Thank you for your patience,
Nicola
Expert:  Nicola-mod replied 4 years ago.
Hello,

I apologize as we have not yet been able to find a Professional to assist you. Do you wish for me to continue to search for someone to assist you or would you like for us to close your question at this time?

Thank you for your patience,
Nicola
Customer: replied 4 years ago.


Please close the question