Exclusivity contract.

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Exclusivity contract.

Post by Caker on Mon Oct 16, 2017 7:21 pm

Not so much a DWP query but I hope someone can help please.

I applied for a job advertised as 20 hours/week (2 days of 10 hours each). The employer told me that the job might involve covering for colleagues by doing extra days from time to time (presumably 10 hours long). This work can be time off in lieu or paid at the flat rate.

My question is, if the standard hours are 20 per week, can I be required, by the employer, to do overtime? Surely the European working time directive means I cannot be 'required' to work over 40 hours per week anyway.

What if I have another job elsewhere? This sounds to me, very much like an exclusivity contract and means I (or the person who gets this job), is expected to be on standby / drop other work, if this employer requires it.

I would be grateful if anyone could point me to the relevant law, Thanks.

The employer also mentioned completing training (homework, in their words) and this is not paid time.

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Re: Exclusivity contract.

Post by helping_hand on Mon Oct 16, 2017 8:30 pm

Hi Caker,

I presuming it is not a zero hour contract.

Overtime: your rights
Overview
Compulsory overtime
Part-time workers
Time off and paid leave
2. Compulsory overtime

Can an employee be forced to work overtime?
Employees only have to work overtime if their contract says so.

Even if it does, by law, they can’t usually be forced to work more than an average of 48 hours per week. An employee can agree to work longer - but this agreement must be in writing and signed by them.

https://www.gov.uk/overtime-your-rights/compulsory-overtime

The law in regards to exclusivity within zero hour contracts:

http://www.legislation.gov.uk/ukpga/2015/26/section/153


Last edited by helping_hand on Tue Oct 17, 2017 3:08 pm; edited 1 time in total
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Re: Exclusivity contract.

Post by Caker on Mon Oct 16, 2017 8:57 pm

Thanks HH.
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Re: Exclusivity contract.

Post by Absolut on Tue Oct 17, 2017 10:32 am

Caker wrote:The employer told me that the job might involve covering for colleagues by doing extra days from time to time (presumably 10 hours long). This work can be time off in lieu or paid at the flat rate.

Would you have applied for the job if that little nugget had been in the job advert and not disseminated verbally?

The word "might" is also a giveaway for the fact that the employer needs more staff but is unwilling to pay for cover obtained via an agency and instead wants to unfairly load this "might" onto permanent employees in an ad hoc way.  

My question is, if the standard hours are 20 per week, can I be required, by the employer, to do overtime?

Strictly speaking only time worked over full time hours is overtime. What the employer is asking for is a flexible zero hours contract over and above the 20 hours on an ad hoc basis.

What if I have another job elsewhere?

The employer wouldn't hire you. They want "flexible" staff, at their beck and call, who have no life outside the employment contract, even if it means they don't have enough money to live on and it goes against the State's Universal Credit policy that all claimants work for 35 hours a week at minimum wage. This sort of "flexibility", which is unworkable for most employees, is Capitalism's insanity writ large.

This sounds to me, very much like an exclusivity contract and means I (or the person who gets this job), is expected to be on standby / drop other work, if this employer requires it.

Yep. That's what all employers expect these days.
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Re: Exclusivity contract.

Post by Caker on Tue Oct 17, 2017 5:06 pm

I think that if the job advert had said anything whatsoever about the hours then I may not have applied.

I knew it was 20 hours but I had no idea that it meant 10 hours per day. I expected it to be divided over 3 days.

I would happily do more hours (more money), but I just have no idea what this employer might expect. I would find it hard doing a series of 10 hour days. I have done long shifts (10-11 hours) but over 2 days in a row and then a short day and then the rest of the week no work. That was manageable. Doing 10 hours for a whole week (if the employer expects this) is just too much. I will be shattered.

I don't think this employer will contact me again anyway. I don't want him to.  No
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Re: Exclusivity contract.

Post by helping_hand on Wed Oct 18, 2017 7:02 am

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Re: Exclusivity contract.

Post by Caker on Wed Oct 18, 2017 8:57 am

Thanks HH
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Re: Exclusivity contract.

Post by Absolut on Wed Oct 18, 2017 9:03 am

Apt quote from the link provided by HH:

If an organisation does not treat its employees, with fairness and respect, whatever their contract, they will have little interest in doing business ethically.
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Re: Exclusivity contract.

Post by Caker on Wed Oct 18, 2017 9:04 am

I suspect that the reason this particular clinic is keen to recruit newly qualified staff (I am not newly qualified btw), is that the hours are not family friendly (10 hour days and some Saturday work). Their idea of work life balance definitely tilts in favour of their business needs.  silent
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Re: Exclusivity contract.

Post by Caker on Wed Oct 18, 2017 9:06 am

Absolut wrote:Apt quote from the link provided by HH:

If an organisation does not treat its employees, with fairness and respect, whatever their contract, they will have little interest in doing business ethically.

I think you have hit the nail on the head. I would not be surprised in a few years to see this particular business bidding for the DWP WCA contract. It looks that type of business.
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Re: Exclusivity contract.

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