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35 hour contract but told you have to work 38
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Pope Marmalade lll
- Posts: 22
- Joined: 15 May 2020, 11:44
- Gender: Male
35 hour contract but told you have to work 38
A bit of a similar dilemma to a previous post. One of our colleagues who has a 35 hour contract has been put on a full time duty (38 hours) this week to cover annual leave. He has said he only wants to work his 35 hours because he has a new baby.
The manager has been putting him under extreme pressure telling him that because he is on a 38 hour duty this week he MUST do 38 hours and anything less would basically be a conduct code.
We've told him that this can't be right and management can't make you work overtime. He is getting the union involved but I just wanted to ask if anyone out there knows where he stands and if there is any legislation/Royal mail policy I can quote/point him towards to back up his case. He was quite upset and feeling pretty much bullied by the manager. Thanks in advance.
The manager has been putting him under extreme pressure telling him that because he is on a 38 hour duty this week he MUST do 38 hours and anything less would basically be a conduct code.
We've told him that this can't be right and management can't make you work overtime. He is getting the union involved but I just wanted to ask if anyone out there knows where he stands and if there is any legislation/Royal mail policy I can quote/point him towards to back up his case. He was quite upset and feeling pretty much bullied by the manager. Thanks in advance.
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number one
- Posts: 1324
- Joined: 19 Aug 2009, 21:20
- Gender: Male
35 hour contract but told you have to work 38
Let him try and conduct him. He won’t get anywhere with it.
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celtic1967
- EX ROYAL MAIL
- Posts: 137
- Joined: 21 Apr 2011, 17:25
- Gender: Male
35 hour contract but told you have to work 38
There really are some awful managers in RM, probably unemployable as management in any other company
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2yearpostie
- Posts: 1839
- Joined: 03 Mar 2020, 15:36
- Gender: Male
35 hour contract but told you have to work 38
total load of bollocks, tell him to ask the manager for it in writing then he will do it, if he dont get it in writing he will work 35.
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yellowbelly
- Posts: 3728
- Joined: 23 Jun 2015, 15:51
- Gender: Male
35 hour contract but told you have to work 38
Have been in this situation, was advised by local rep to inform manager, however (again this is what rep advised me) the manager
was able to insist that I work to the end of duty time but start later than the duty start time and the indoor prep work would be covered by other staff.
If it was not done and it appeared that I was going to go beyond finish time then I would have to use the 'cutting off' procedure -
which I did (as only a token effort was made at the indoor prep). Didn't take out two loops and there was no comeback.
Whether this is the 'official' way of managing this type of situation I've no idea, but this was my experience.
was able to insist that I work to the end of duty time but start later than the duty start time and the indoor prep work would be covered by other staff.
If it was not done and it appeared that I was going to go beyond finish time then I would have to use the 'cutting off' procedure -
which I did (as only a token effort was made at the indoor prep). Didn't take out two loops and there was no comeback.
Whether this is the 'official' way of managing this type of situation I've no idea, but this was my experience.
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ThatsNotPlumb
- Posts: 165
- Joined: 08 Feb 2012, 22:33
- Gender: Male
35 hour contract but told you have to work 38
The manager literally doesn't have a leg to stand on & because he's a piece of s**t for even trying to act like he has the power to conduct code someone for only wanting to work their contract hours, I wouldn't be doing him any favours at all for the foreseeable future.
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Pope Marmalade lll
- Posts: 22
- Joined: 15 May 2020, 11:44
- Gender: Male
35 hour contract but told you have to work 38
Yes. There was a mention of this so it may be the 'official' way of doing things.yellowbelly wrote:Have been in this situation, was advised by local rep to inform manager, however (again this is what rep advised me) the manager
was able to insist that I work to the end of duty time but start later than the duty start time and the indoor prep work would be covered by other staff.
If it was not done and it appeared that I was going to go beyond finish time then I would have to use the 'cutting off' procedure -
which I did (as only a token effort was made at the indoor prep). Didn't take out two loops and there was no comeback.
Whether this is the 'official' way of managing this type of situation I've no idea, but this was my experience.
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Grumpyoldmailman
- Posts: 810
- Joined: 24 Nov 2019, 22:29
- Gender: Male
35 hour contract but told you have to work 38
At ours the handful on the new 35 hour contract is paid 3 hours docket every week to bring them inline with the old contracts. I’m not sure if they should be doing that or not. On the original question just come in and your normal start time and make sure you can finish at your correct finish time. Follow the cutting off procedure if not
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wallan
- Posts: 498
- Joined: 09 Apr 2012, 08:12
- Gender: Male
35 hour contract but told you have to work 38
Would it not be 3 Hour,s at Single Rate to bring it up to Full Time HoursGrumpyoldmailman wrote:At ours the handful on the new 35 hour contract is paid 3 hours docket every week to bring them inline with the old contracts. I’m not sure if they should be doing that or not. On the original question just come in and your normal start time and make sure you can finish at your correct finish time. Follow the cutting off procedure if not
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Grumpyoldmailman
- Posts: 810
- Joined: 24 Nov 2019, 22:29
- Gender: Male
35 hour contract but told you have to work 38
It’s all single rate upto 38 hours.wallan wrote:Would it not be 3 Hour,s at Single Rate to bring it up to Full Time HoursGrumpyoldmailman wrote:At ours the handful on the new 35 hour contract is paid 3 hours docket every week to bring them inline with the old contracts. I’m not sure if they should be doing that or not. On the original question just come in and your normal start time and make sure you can finish at your correct finish time. Follow the cutting off procedure if not
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wallan
- Posts: 498
- Joined: 09 Apr 2012, 08:12
- Gender: Male
35 hour contract but told you have to work 38
AgreeGrumpyoldmailman wrote:It’s all single rate upto 38 hours.wallan wrote:Would it not be 3 Hour,s at Single Rate to bring it up to Full Time HoursGrumpyoldmailman wrote:At ours the handful on the new 35 hour contract is paid 3 hours docket every week to bring them inline with the old contracts. I’m not sure if they should be doing that or not. On the original question just come in and your normal start time and make sure you can finish at your correct finish time. Follow the cutting off procedure if not
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Pope Marmalade lll
- Posts: 22
- Joined: 15 May 2020, 11:44
- Gender: Male
35 hour contract but told you have to work 38
Thanks for all your help everyone. The union rep has confirmed that RM can not make him work the 38 hours and if they want to change his starting time they have to give 28 days notice. He is feeling much better about things now because of this information and I have passed your comments and help over to him. Again, many thanks.
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zipmeister
- Posts: 136
- Joined: 04 Mar 2010, 17:37
- Gender: Male
35 hour contract but told you have to work 38
Grumpyoldmailman wrote:At ours the handful on the new 35 hour contract is paid 3 hours docket every week to bring them inline with the old contracts. I’m not sure if they should be doing that or not. On the original question just come in and your normal start time and make sure you can finish at your correct finish time. Follow the cutting off procedure if not
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Murdoch
- EX ROYAL MAIL
- Posts: 572
- Joined: 11 Apr 2018, 16:55
- Gender: Male
35 hour contract but told you have to work 38
I'm surprised Royal Mail allow managers to be this stupid. Lets put this wider issue into context.
Royal Mail do not pay people holiday pay equivalent to average hours worked. As their stance is that any overtime is completely voluntary. This is the loophole they use to argue that they can just pay contractual hours during holidays.
So not only is the manager completely in the wrong. I would suggest if there is a systemic issue of people being forced to work overtime, and I think there probably is. There's an even better case to bring legal action for holiday pay to be paid at an average hours worked rate.
The Union got outplayed with the Shorter Working Week, we were never going to reduce the working hours to 35 hours, anybody with half a brain knew that. So now their priority should be to pressure RM to remove the 35 hour cap from contracts. I would say they should apply pressure to sort the holiday pay issue too, but I've given up hope on that.
Royal Mail do not pay people holiday pay equivalent to average hours worked. As their stance is that any overtime is completely voluntary. This is the loophole they use to argue that they can just pay contractual hours during holidays.
So not only is the manager completely in the wrong. I would suggest if there is a systemic issue of people being forced to work overtime, and I think there probably is. There's an even better case to bring legal action for holiday pay to be paid at an average hours worked rate.
The Union got outplayed with the Shorter Working Week, we were never going to reduce the working hours to 35 hours, anybody with half a brain knew that. So now their priority should be to pressure RM to remove the 35 hour cap from contracts. I would say they should apply pressure to sort the holiday pay issue too, but I've given up hope on that.
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yellowbelly
- Posts: 3728
- Joined: 23 Jun 2015, 15:51
- Gender: Male
35 hour contract but told you have to work 38
It's in the legal system ie it's gone to a Tribunal Court, so anything CWU say or do is unlikely to have any beneficial effect. We're all cheesed offMurdoch wrote:............. I would say they should apply pressure to sort the holiday pay issue too, but I've given up hope on that.
that it's taking so long but that's the system we've got and of course Covid hasn't helped in progression of the issue through the court.