Being unfairly denied overtime + being told I'm part-time despite working full-time hours for 15 months.
I've worked at my current employer for coming on 15 months now, it's my first job since finishing university so I'm obviously not very well versed in my employee rights. In those 15 months, I've been working a full 39 hours every week, picking up overtime whenever I've been asked to do it. The job is very seasonal, so most overtime is available this time of year.
However, today I've been given quite the blow, the rota covering who is working overtime and when doesn't include me at all. Of course, overtime isn't mandatory, but I feel it is unfair, and possibly not legal, that all other staff members are being offered it except for me.
My supervisor questioned it, and was told I "didn't meet the criteria" as I was "part-time staff". Both me and me supervisor were taken aback by this. There has never been a signed paper contract (not illegal in itself, but definitely dodgy), but both me and my supervisor thought I was full-time, especially as I replaced a full-time member of staff who left, and I've been working full-time hours for 15 months.
I don't know where I stand now. From reading gov.uk, even if I was a part time staff member, I shouldn't be treated differently to full time staff by law, so surely should be offered the opportunity same overtime?
Posted Jan 6, 2017, 11:58 AM UTC
You need to ask them for your (written) "statement of employment particulars", which they should have given you within a few months of starting - if you don't have a written contract, you have to have one of these. This should then state your hours (39 hours would be considered full-time) and give you something a bit better to go off.
https://www.gov.uk/employment-contracts-and-conditions/written-statement-of-employment-particulars