Forced overtime over Xmas pressure

speedypostman · Post by **speedypostman** » 21 Dec 2010, 19:36

I have a question. Beeing told today that I would have to complete, no matter what under the agrements with CWU and RM. Declined the offer as I really don't want the OT. My Dom went really funny and I think I missed beeing suspended on the spot. What is the agrement if there is oneas I don't want to do OT.

fishtank · Post by **fishtank** » 21 Dec 2010, 19:44

A long,long time ago in a far away place there was such a thing as contractual overtime at Christmas.
It was disposed of by agreement by the CWU and Royal Mail.
Your DOM is living on past glories.

speedypostman · Post by **speedypostman** » 21 Dec 2010, 20:05

Thanks fishtank. He is a bit of an arse (to be polite). I don't mind being asked to work OT but threat or bad manners really doesn't do for me (would do 20 minutes max). Any copy would be here or not as our rep doesn't seems to know

pyphon · Post by **pyphon** » 21 Dec 2010, 20:24

in our office you have to put it in writing before end of nov that you don't wish to work overtime, and those that do get assistance.

fishtank · Post by **fishtank** » 21 Dec 2010, 20:43

pyphon wrote:in our office you have to put it in writing before end of nov that you don't wish to work overtime, and those that do get assistance.

That's probably the safest way to do it but no DOM would be reckless enough to attempt a conduct code over this...it's far too shaky now with working time regulations.

speedypostman · Post by **speedypostman** » 21 Dec 2010, 21:13

Well, Fishtank, will let you know about that as I will push him to try. He reckon he is a King in sacking or trying to sack people. (He can't run ther place but excel in sacking people.

meercat · Post by **meercat** » 21 Dec 2010, 22:13

speedypostman wrote: Beeing told today that I would have to complete, no matter what under the agrements with CWU and RM.

Can you be forced to work overtime, or stopped from doing so?

'Your contract of employment should include the conditions for working overtime. You only have to work overtime if your contract says so. Even if it does you can't usually be forced to work more than an average of 48 hours per week. If you are told to work more than this and you don't want to, you should take it up with your employer.'

http://www.direct.gov.uk/en/Employment/ ... G_10028439" onclick="window.open(this.href);return false;

So if your signed contract says OT must be worked then yes you have to work it. Our contract has no such clause. Even if RM and CWU had an agreement (which they don't) to force OT it would be illegal. Their agreements DO NOT and never will over-ride employment law. Tell you dom he is breaking the law by forcing you to work OT, he is also bullying you and threatening you. If you put in a grievance form his balls would be kicked so hard he might just land in another office.

Post by **POSTMAN** » 21 Dec 2010, 22:14

Your manager can't sack s**t.
My old DOM used to use the line,i'll sack those who don't ect....... we would just laugh at him.

meercat · Post by **meercat** » 21 Dec 2010, 22:37

To be fair they CAN sack you anytime they like. It would then be on you to prove unfair dismissal. OR get the rest of the boys and girls to down tools until you were reinstated preferablly within the hour!

Post by **POSTMAN** » 21 Dec 2010, 22:49

meercat wrote:To be fair they CAN sack you anytime they like. It would then be on you to prove unfair dismissal. OR get the rest of the boys and girls to down tools until you were reinstated preferablly within the hour!

We have the 'conduct code'.They can't sack you.

meercat · Post by **meercat** » 21 Dec 2010, 23:46

Oh yeah I get you. But you can't put it past them to say you swore and threatened them hence instant dismissal. We are not talking about honorable people.

Post by **sidewinder** » 22 Dec 2010, 06:21

meercat wrote:Oh yeah I get you. But you can't put it past them to say you swore and threatened them hence instant dismissal. We are not talking about honorable people.

Ben there, had that accusation. Mine was pointing my finger at the Dom which was "threating behaviour",so they do try it on.

beinspired · Post by **beinspired** » 22 Dec 2010, 15:08

POSTMAN wrote:
meercat wrote:To be fair they CAN sack you anytime they like. It would then be on you to prove unfair dismissal. OR get the rest of the boys and girls to down tools until you were reinstated preferablly within the hour!
We have the 'conduct code'.They can't sack you.

Well actually, anything deemed as gross misconduct can result in summary dismissal - insubordination can be classed as gross misconduct, so it would be up to the individual who got sacked to prove it was unfair.

ulster postie · Post by **ulster postie** » 22 Dec 2010, 22:53

Report this postReply with quoteRe: Forced overtime over Xmas pressure
by POSTMAN » Tue Dec 21, 2010 10:49,pm

meercat wrote:
To be fair they CAN sack you anytime they like. It would then be on you to prove unfair dismissal. OR get the rest of the boys and girls to down tools until you were reinstated preferablly within the hour!
We have the 'conduct code'.They can't sack you.

I hate to burst your bubble, but i got sacked for refusing overtime last year (see previous posts) I am awaiting my I.T. to be heard feb 2011, so it will be interesting to see if the employment law stands up.
Dont worry i will keep you up to date on the finale outcome.

PhilthyPhil · Post by **PhilthyPhil** » 23 Dec 2010, 18:24

It says in my contract... "Royal Mail has the responsibility of providing a public service. This puts a special obligation on all employees to play their part in maintaining the kind of service which the public has the right to expect. The nature of the service makes a measure of overtime working necessary. For this reason, it is a condition of your employment that you are liable to work overtime and to attend at varying times on any day (including weekends, Bank and Public Holidays) as the need of the service demans. Overtime pay will be assessed in accordanse with your business units pay directive, which you can gain access to by contacting your manager."