what rights do i have

[lswan_2009]

someone at work has just been asked to work a backshift from now until xmas. they are getting an incriment for doing so, but i have just been informed that they will be working less hours than everyone else (amounting to approx 45hours total) \\\'as they are doing us a favour\\\'. not only that, but they are not having to do the unpaid overtime that the rest of us have to do in the run up to xmas. i am not in a union so any advice would be appreciated.

[bednobs]

Sorry, you don't have any rights at all (except to decline to do unpaid work)

[lswan_2009]

the person in question has exactly the same contract as the rest of us, so surely if we must do the xmas overtime then they do to?

[scotman]

What sort of work is it and why is there unpaid overtime?

[lswan_2009]

it's a food manufacturer and it's in the contracts that over the christmas period you must work overtime and any overtime is unpaid. i just don't understand how this person not only gets an increased salary (which i don't mind at all) but also gets to work 3hours less per week and avoid all overtime while the rest of us all have to do it.

[buildersmate]

Maybe they don't have the 'same contract as the rest of us' anymore. Maybe the HR department has written to him/her saying 'Dear Mr/Ms Bloggs, until Xmas we have asked you to work xyz for which you will paid at a rate of pqr. In addition you will not be required to work overtime at Xmas. No other existing terms and conditions of your employment are affected'.
Nothing illegal about that.

[bednobs]

are you saying you have to work extra hurs for no mney?

[aniani]

Is it unpaid overtime or do you get time off in lieu when business is quieter?

[buildersmate]

My bet is that it's an 'annual hours' contract. Quite common in industries with seasonal fluctuations in required activity level.

[lswan_2009]

the person definately did not get anything in writing and the contract is based on weekly hours not annual.

[PeteHull]

You say you aren't in a union and then ask for any advice..... Join A Union.

Sorry but we get this ALL THE TIME, people will not join a union, usually because they dont want to go on strike, however, going on strike isn't allways the answer, in MOST cases unions are helping with all sorts of issues, they are there to protect against the practices of many employers who exploit the workers, Especially in industries such as the food industry.
THE MORE MEMBERS A UNION HAS THE MORE ABLE IT IS TO BE CALLED A UNION, and the easier it is to get results.

Pete

[factor-fiction]

But you haven't lost out have you , ISWAN?

[buildersmate]

No, Pete, Unions are people who don't wish to (or are not inclined to) look after their own interests and hence decide to spend money on subcontracting the task to someone else.
Unions are then perhaps able to provide a level of support for the majority which in many cases will be less than that which the individual could have negotiated for himself/herself.

[lswan_2009]

thanks for all the comments. aniani and bednobs, yes we have to work extra hours without pay and no we don't get any time back for it. Pete .. I USED to be a member of a union but COULDN'T afford it in the recession. All i was asking for was people's opinion. I don't think you need to rant at me about it! I am fully aware of the benefits of a union. Buildersmate.. thanks! Factor30, no I have not lost out, but my personal feeling is the 7 other people in the department should not be forced to work an unpaid shift that the 8th team member is not having to do, despite it being in their contract also. I have spoken to someone at ACAS who suggests making it a formal grievance, asking for justification of more favourable terms for one staff member.

[Davethedog]

This person is doing 45 hours and its less than the rest of you plus overtime.

If I were you I would consult the department of employment.

I bet your on minimum wage, if you are and you work unpaid overtime your employer is breaking the law never mind what your contract says.

Or if possible a new job any job sounds better than this.

[lswan_2009]

Dave the Dog.. unfortunately i'm not on minimum wage, i'm salaried which makes things all the more difficult, especially with everything that's in the contract about having to do the overtime. apparently they're not breaking the law because it's a business decision. it's just that the rest of us are put out. a friend pointed out that they are not 'doing a favour' as they are doing their job. they could have said no to the backshift (nobody else was given the option). thanks for the comment