P/T contracts and overtime

[clashcityrocker]

If a p/t has been guaranteed overtime for a certain length of time does that become part of his contract at some point?
Can they keep someone on a p/t contract when they know the duty cannot be completed in that time and simply top it up with overtime indefinitely?
While the o/t is welcome obviously when it comes to holidays or sick leave the o/t is missing.
Can anyone help or point me in the right direction?

[dazzlin72]

Hi, you are correct in your understanding. You will not be made up to a permanent ft contract of 40hrs, but they may continue offering ot to you, but this isn't guaranteed either! As you said when it comes to annual leave, sick, etc you will only get your contractual hours however.
Unless you really need the money, and are happy to continue as you are doing, i'd stop this practice as that will ultimately be how RM will make the workforce pt.

[Geezer]

Here's an E-Mail i got from my Branch secretary on the subject !

Hope it helps, get on to your Area Rep and see what he can find out.

---------------------------------------------------------------------------------------------------------------------------------------------------------------

Dear Colleagues

Annual Leave Entitlements for PT staff

We have mentioned this before as you will know. We have sought the involvement of CWU HQ and they have now written to Royal Mail to see if they will pay average hours for part time staff.

Since then we are now aware that a postie in Norwich has won an employment tribunal on the principle of average hours. Additionally, all part time staff in Post Office Limited receive average hours.

With this being the case we now want to move forward on this subject. Please can you either email or call me or your area rep to discuss so we can progress this with RM. Initially this will mean a basic grievance is submitted which the Branch will assist you with. Some grievances are now about to be submitted so the more the better.

[BELIAL]

If a p/t has been guaranteed overtime for a certain length of time does that become part of his contract at some point?
Can they keep someone on a p/t contract when they know the duty cannot be completed in that time and simply top it up with overtime indefinitely?
While the o/t is welcome obviously when it comes to holidays or sick leave the o/t is missing.
Can anyone help or point me in the right direction?

Whitemoor 66 thread , PT regular ot court case ,judge ruled RM liable costs and damages awarded. Funny though, he had to prosecute his case himself, no union assistance
So that's statute and precedent on your side

[banddy]

If a p/t has been guaranteed overtime for a certain length of time does that become part of his contract at some point?
Can they keep someone on a p/t contract when they know the duty cannot be completed in that time and simply top it up with overtime indefinitely?
While the o/t is welcome obviously when it comes to holidays or sick leave the o/t is missing.
Can anyone help or point me in the right direction?

Whitemoor 66 thread , PT regular ot court case ,judge ruled RM liable costs and damages awarded. Funny though, he had to prosecute his case himself, no union assistance
So that's statute and precedent on your side

that's interesting.

what was the name of the case and we can look it up to see actual case wording.

why are cwu not making more of a fuss about this ruling, if it's so good?

[whitemoor66]

Just to try and clear things up a little bit, When I took RM to an ET, I had actually left the RM because I decided that my treatment was shabby and thought what the hell, if they are going to mess me about, I'll do it back to them. I was not going to work for free. I had nothing to lose because I had moved to another job. Hence no CWU involvement. Also you have to do a lot of paperwork and put up with the intimidation of a barrister and the flotsum and jetsum that the RM send to court as witnesses. 2 Blue shirts have asked for a copy of my judgement today, which I will pass on to them tomorrow. It seems to me that Unions will not get involved in ETs because of the costs involved. By that I mean legal representation rather than losing the case, because costs will rarely be rewarded. My only regret is that I never found this site until after I left RM.
The bottom line is you should be paid your average hours and not your contracted hours in respect to AL. I will guarantee that you would win an ET but if you still have to work there, it might not be the best career move. I think Tragictramp might have had some joy on this front, but I haven't had any contact with him for a while.

[Viewfindergeneral]

Just to try and clear things up a little bit, When I took RM to an ET, I had actually left the RM because I decided that my treatment was shabby and thought what the hell, if they are going to mess me about, I'll do it back to them. I was not going to work for free. I had nothing to lose because I had moved to another job. Hence no CWU involvement. Also you have to do a lot of paperwork and put up with the intimidation of a barrister and the flotsum and jetsum that the RM send to court as witnesses. 2 Blue shirts have asked for a copy of my judgement today, which I will pass on to them tomorrow. It seems to me that Unions will not get involved in ETs because of the costs involved. By that I mean legal representation rather than losing the case, because costs will rarely be rewarded. My only regret is that I never found this site until after I left RM.
The bottom line is you should be paid your average hours and not your contracted hours in respect to AL. I will guarantee that you would win an ET but if you still have to work there, it might not be the best career move. I think Tragictramp might have had some joy on this front, but I haven't had any contact with him for a while.

I'd like a copy of your court judgement too if you don't mind. I'm on a 30 hour contract and I'm fed up of averaging near to 40 hours per week during the course of a year just to cover my own supposed P/T delivery and then being short-changed when it comes to A/L, pro-rata payments, etc.

[adb2aber]

I'd like a copy of your court judgement too if you don't mind. I'm on a 30 hour contract and I'm fed up of averaging near to 40 hours per week during the course of a year just to cover my own supposed P/T delivery and then being short-changed when it comes to A/L, pro-rata payments, etc.

Same here too if you don't mind - if it is a file you have then perhaps put it int he downloads section? Or document refs so we can look it up without hassling you?