My hours on my contract 40 hours

ok just a question im working today this being xmas eve im being made to use 2 holiday days so i get paid for xmas day and boxing day so come friday = 40 hours they want me in saturday i said no the other 2 drivers said no so they have to hire in so in the new year we are going to be given a warning can they do this as its classed as overtime i thought over time was if i wanted to do it where do i stand can i be given a warning thank you and merry christmas to all of u readers @ trucknet :smiley:

They can ask you to do overtime if they give you reasonable notice, and im not sure that 3 days would class as that, on the other hand aswell, why are you agreeing to use up two of your holiday days for xmas and boxing day as these are both bank holidays and you are entitled to them off and paid aswell.

we have to use our holidays on bank holidays or work them and get a day of later :frowning:

As far as I know they cant force you to work bank holidays/xmas etc… You also dont have to claim these days as holiday pay. But they dont have to pay you for these days if you dont claim them as holidays.

As for overtime, its will all be in your contract. If you havent signed a waver for the 48 hour wtd, then they cant force you to work more than those hours, however this is averaged out over 17 weeks so you could work more than 48 hours some weeks, but you must work less in other weeks. Most companies guarantee you 39 hours a week, anything worked above this being overtime. In your contract there will probably be something to the effect that you agree to work overtime as and when (with reasonable notification) the company wants you too. They can give you a warning but as all three of you didnt want the overtime then they probably wont. If they do make sure all three of you get one - if you all dont get one then you have grounds for discrimination if it is used against you. Get a copy of your contract (they have to give you a copy) if they do give you a warning and look for the overtime wording. If you want to fight it, go through company grevance procedures and they will have to give a good legal ligitimate reason for the warning. beyond this it shouldnt affect you. If it happens again Id go to a solicitor (while looking for a new job) and find out legally where I stood and go for constructive dismissal ie breaking the terms of your contract. (this is a nuclear option, and there is no going back, if you go this route go for compensation as next to no one gets the job back.

Quite a few companies will take bank holidays out fo yourholiday entitlement if you want to be paid for them. There is no right to paid bank holidays.

Also you can be expected to do a reasonable amount of overtime if the industry you work in operates in such a way as haulage does. 62.5hrs is the average working week in UK haulage so asking you to do 10hrs OT is not unreasonable BUT as it is a weekend you can rightly claim it infringes on your time with your family, something which is protected under EU law.