Overtime

[geewhiz 14]

Help!
I have an employee who has a contract with me which included a requirement from time to time to do some overtime for us. He has refussed to do additional hours for 3 months, giving me various reasons. This weekend I require 2 days overtime from both employees to catch up with an additional workload. The have been given 3 days notice each time I require additional help. The reason for not coming in this time is football match (watching) out on Sat night drinking and out with his girlfriend on Sunday. I don't always require people in but really need this weekend, what can I do. Pls help quick I have asked him to come in to see me when back at the yard. It is my intention to give him a warning, am I OK to do this?

[Twenty20]

If it's part of his contract to do extra hours as and when required then youre quite at liberty to give him a warning if he doesnt. You might be better with a new employee. If he's been with you less than 12 months you can dismiss without giving a reason so long as its not discriminatory etc and that you give the required notice.

[froggequene]

Re-read his contract & look at how you've phrased the sentence - you describe it in the question as' a requirement from time to time to some additional overtime for us' that sentence is very vague & open to interpretation.

My own interpretation of that sentence if I was your employee is you haven't specified the number of hours per month/year then it's down to me whether or not I choose to do it. If he has done overtime before the period he started to refuse he may feel he's done his bit.

If the sentence is vague, I would check with a solicitor before proceeding with the warning.

[Panic Button]

Do you pay a premium rate for OT, or are you a mean beggar like my employer, who only pays flat rate.

Perhaps they are refusing in principle because of the poor rate, but not saying why..

Try offering extra dough for a couple of hours on the end of normal days, instead of encroaching on their weekends. They don't have to pay extra petrol for an extra trip to work that way.

[geewhiz 14]

Thanks for the advice so far. We do pay a premium rate for overtime and all transport to and from work is paid for also.
The contract reads:
However, in your capacity as Apprentice you shall conform to such hours of work (including weekends) as may from time to time be reasonably required of you for the proper fulfilment of your duties hereunder. Any such additional hours worked shall be remunerated in accordance with section 8.

I have requested him over the period since his contract came into force (10th Jan 2008) to make himself available for overtime one weekend out of 4. The other apprentice has made himself available when requested. He also likes to go out and as long as H&S is not affected then I have a good understanding of a young employee's relaxation time requirements.

I have advised him that he is in breach of his contract and that this could lead to dismissal. I have given him a verbal warning and have set up a meeting for tomorrow to address the disciplinary process again. It is my intentions to give him a written warning tomorrow if his still refusses to do overtime at a weekend when requested. He has however told us today that he is not intending to come in this weekend and doesn't know about any other weekend either. He seems to think that I can't dismiss him straight away but I thought that since he is in breach of his contract I can?

[froggequene]

I would seek further legal advice if I were you or call acas. I think your request is perfectly reasonable, 1 weekend in 4 is not a lot to ask.

http://www.acas.org.uk/

[35Flipper]

How long has he been with you? HAve you given him a probationary period? If the answer is yes and he is with-in that time you can quite legally end his contract saying that I don't think it's working out.

The other great thing is you don't have to give a reason either.

I always like to be fair, however if the other person isn't playing ball, then they have to go. He's certainly not irreplaceable. Let him go to some one else and see how long he can do everything on his terms.

One thing you can't do though is hold a disciplinary knowing the outcome of it already, apparently that isn't very fair!

I hate employment law sometimes!!!

[ladyalex]

You need to take extra care when dealing with apprentices.

Remember you have taken on the responsibility of providing them with a trade and industrial tribunals will not take kindly to someone having training taken from them.

It is also important to consider his age. Is he over 18 (hope so considering the drinking excuse) ? Is he properly supervised during overtime?

If dismissing then a reason must be given - although employment under 1 year means there is not the possibility of Industrial Tribunals

[Panic Button]

A premium rate for overtime, and transport paid for?

He doesn't realise how lucky he is.

He will one day, and regret his attitude to you.

[tufty7]

It beggars belief sometimes, I know time is precious but if he knew what the job was and all it entailed then I am afraid you have to start the disciplinary proceedings route, Mostly and most unfortunately this is usually a one way street , is there no older skilled man who can tell him the error of his ways ???
I too have a similar problem with customer driven job requests which entail asking people having to work premium hours, we pay �20 per hour for these jobs, some don't want it , some occasionaly do and some will do it everytime, I always ask the willing horses first and never usually have to go to the next line of may do's....

[geewhiz 14]

Thanks again -

Unfortunetly for me this apprentice is not on a probationary period.oh how simple that would have been. He worked for us casually for a time before his contact and guess what no problem with overtime then.

For all those knowledgeable with Employment law :-

I have in his contract the following clause:-

Exemption

The above noted disciplinary and dismissal procedure shall not apply in the following circumstances:-

If the employee concerned has less than 12 months continuous employment.

I understand that he seems to think that because he does about on average 4 hrs per week (weekdays) overtime that refusing work at weekends won't count. Can anyone let me know what they know on this pls.

I am also aware that I guess I already know the outcome so would I be correct in putting a end to things today. More advice on this would be great.

Pls for those in the know let me know. Ta.