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Overtime

Selvida

| 0 Posts

16 Jan, 2018 10:51

Hi,

I need some advice please

An employee does not want to do any overtime even though his contract states that " you will be expected to work overtime as the workload requires" and we also have a agreement signed for working time opt out. Our normal working hours is 40 hours.

I am going to have a sit down with him and understand why he does not want to do it but where do we stand on this? Can we insist on him doing the extra hours?

It is not good for the other team members as they are having to work longer hours due to him not willing to help. It is putting too much pressure on them.

Can we say he is contractually bound to work overtime when the workload requires him to?

Many Thanks

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  • David

    | 0 Posts

    16 Jan, 2018 11:27

    Hi Selvida

    It is a matter of degree and of reasonableness, depending on the particular facts.

    If employee is contractually required to work overtime, it should have been made clear that the requirement was to be prepared to do so usually and / or reasonably. It is unreasonable to expect anyone to work overtime on each and every occasion they’re asked to do so, but if there’s a contractual requirement, they’re in breach of contract if they persistently or unreasonably or invariably or flatly refuse to work overtime and imho they can be legitimately warned / sanctioned for it in the usual way.