Page 32 - BOSS Today Issue 13

HR

SPELL

OUT YOUR

OVERTIME

RULES

A case involving hotel employees shows how important it
is to spell out what is and is not overtime

ur industry, just The employees had to clean requirement to work overtime “It is
like many others, 15 rooms a day, and alleged that existed.
Otends to fudge in order to complete their work So the shortening of their important to
issues surrounding overtime, they took only 30 minutes for lunch break was an entirely
particularly with regard to the 48 lunch rather than the hour they voluntary action, and they were set out clearly
hour Working Time Regulations were contractually entitled to. not entitled to be paid overtime
the company’s
opt-out. The trouble for them was that for it as a result.
So generally it takes a dispute their contracts expressly stated The moral of this story is that
to make people think through that overtime was voluntary it is important to set out clearly expectations
their company’s position on a unless the employer required the company’s expectations with on overtime.”
number of questions, including, them to work overtime at short regard to overtime. The obvious
for example, whether a company notice. place to do this is in the contract
is obliged to provide overtime, Since the employees were of employment. By including
and whether employees are discouraged from saying that overtime rules in there makes
obliged to work it. they could not complete the 15 them legally binding.
Fortunately for those employers rooms during their normal shift,
seeking to avoid conflict, a recent and since they had not been Q FOR MORE INFORMATION,
case involving hotel employees specifically asked to spend extra CONTACT YOUR BOSS HR
highlights the problem. time on the task, no specific ADVISER ON 0845 450 1565.

32 BOSS TODAY | July/August 2012

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