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Jenny
Jenny, Solicitor
Category: Law
Satisfied Customers: 6305
Experience:  Qualified Solicitor specialising in Employment Law and general legal matters. Please start your question For Jenny Only
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If i have been ask to work overtime over my contracted hour

Customer Question

If i have been ask to work overtime over my contracted hour agreed but not known the terms of the overtime then refused to work this after finding out can i be call for disciplatry action agaist me
Submitted: 1 year ago.
Category: Law
Expert:  Jenny replied 1 year ago.
Hello Matthew my name is ***** ***** I am happy to help you today. How long have you worked for the employer for?
Customer: replied 1 year ago.
1year 6 mnth
Expert:  Jenny replied 1 year ago.
Does your contract state that you must work overtime?
Customer: replied 1 year ago.
No my contact is 40hrs over four day rest day being rota to a friday and displayed in the office and iam not aloud to op out as iam a driver
Expert:  Jenny replied 1 year ago.
Has your employer threatened disciplinary action?
Customer: replied 1 year ago.
Yes i had a letter for a meeting last night which was canceled as one of the management went home also when j asked to take some1 in eith me my boss said i wasnt allowed that person as he needed to man the office for them during this if it helps ive worked 4 day since this and iam rota in for next week
Expert:  Jenny replied 1 year ago.
What is the reason you refused to work it?
Customer: replied 1 year ago.
They didnt give me all of the information for me to make an informed decision when i found out that i had a 14hr day on paper with a start time at 8 i wasnt happy with it
Expert:  Jenny replied 1 year ago.
Why weren't you happy with it?
Customer: replied 1 year ago.
I was expecting a 6am start as is notmal maybe a push at 7 but as it was overtime and i had asked twice on the phone what i was doing but got a iam looking into what you can do
Expert:  Jenny replied 1 year ago.
Ok well with less than 2 years service you have limited employment rights. This means that the employer could, theoretically dismiss you for any reason in the first 2 years of work. I would suggest you tell your employer you didn't want to work the overtime without having the full information because you were worried about your health and safety if you had to drive too many hours. If they then decide to take action against you or dismiss you you would be protected as you cannot be dismissed for raising a health and safety concern. Is there anything further you would like to know about this?
Customer: replied 1 year ago.
No that is all at the moment thank you for your time
Expert:  Jenny replied 1 year ago.
Thanks Matthew, I would be grateful if you would kindly take the time to rate my answer before leaving the site as I am not otherwise paid for working on your question. Thank you and all the best. Do come back to me in the future if you need to.

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