Commitment to overtime

Q. The company I work for is starting a new policy regarding overtime called “Promised Overtime”.

If a member signs a “Promise Form” committing to do overtime on a certain full day/days and then does not do the overtime, without giving the company 48 hours notice, management are saying that, even though the member has completed his contractual 40 hours a week, this will be classed as an absence and dealt with accordingly. Are they allowed do this?

A.It depends on the nature of the agreement to do the overtime in the first place.

If it is an unreserved commitment to do the overtime, failure to do it may amount to unauthorised absence, which is a serious disciplinary offence.

On the other hand, if a practice has grown up whereby members have been allowed to change their minds at the last moment without it being classed as an absence, then it may be an implied part of the agreement that they can do this.

The best policy for the future would probably be to reach an explicit written agreement with the employers regarding the terms of voluntary overtime and the length of notice required for withdrawing such a commitment.

Care is needed because the nature of the agreement would also have implications for absences due to sickness under the company’s sickness policy.