Site manager wins payout over 70-hour weeks

Grant Prior 2 years ago
Share

A site manager at Ogilvie Construction has won a tribunal payout after being forced to work 70-hour weeks.

David Brown raised concerns about his working hours with bosses on several occasions but nothing was done to reduce his time on site.

The firm also claimed to have demoted Brown, of Tullibody, Clackmannanshire, to the position of general foreman in a bid to allay his concerns, but his workload was never reduced despite his pay being cut.

The manager, who had 28 years’ service with the firm, eventually resigned in October 2014 due to his long working hours before taking his case to an employment tribunal claiming constructive dismissal.

Employment judge Paul Cape found in his favour, saying the time he spent at work was “excessive” and awarded him a total of £14,031.

In a written judgment seen by the Herald Scotland , Judge Cape stated: “I conclude that Ogilvie Construction imposed burdens of work on Mr Brown that required that he work excessive hours week in, week out, over an extended period despite his protestations and that so excessive were those burdens that they amounted to a fundamental breach of contract.

“Further that breach was aggravated by the failure to reply in writing to Mr Brown’s emails raising the issue, and by the respondent purporting to restore the claimant to the position and remuneration package of a general foreman whilst doing nothing to match the claimant’s workload to that which could reasonably be required of a general foreman.”

The tribunal heard that between June and October 2014, Brown did no work less than 53 hours a week and worked more than 70 hours in seven of those weeks

During that time, the worker wrote to bosses raising concerns about his hours and asking for a site foreman to be put in place to help with his workload, but he received no reply.

A site foreman was eventually appointed at the site, but Brown continued to have to work excessive hours.

Judge Cape said Ogilvie could not escape the fact that they were well aware of Brown’s hours as his time sheets were seen by his line manager.

He added that, while Brown’s contract required him to work extra hours in order to complete building projects, this “must be qualified by the word ‘reasonably'”.

Ogilvie Construction did not respond to The Herald’s request for a comment.

Latest news

Egis takes on M40 upkeep role from Carillion

French giant saves 95 jobs at crashed contractor
10 hours ago

Robertson bolsters north west arm with O’Rourke hires

Peter Grieve joins as north west operations director
13 hours ago

Science Museum seeks builder for vast storage building

Firm to be picked in October for 300,000 sq ft warehouse near Swindon
13 hours ago

Boost your online presence – join the new Enquirer Directory

New site for suppliers and buyers will showcase their products, services and latest stories
2 weeks ago

Insurers slam fire test regime for building materials

"More realistic" lab tests demanded for cladding systems post Grenfell
18 hours ago

£80m twin hotel plan for Manchester Airport

Ibis and Holiday Inn kick-start new £180m Airport City hotel district
18 hours ago

Worker in plunge removing fall arrest bags from school site

Court hears edge protection was not up to industry safety standards
18 hours ago

Mace to start £120m Crossrail office scheme

PLP Architecture reveals latest images of Farringdon scheme
1 day ago

Green light for Liverpool Monarchs Quay scheme

Next phase of King's Dock mixed-use scheme approved
17 hours ago

Accident rates hit record lows for NASC scaffolders

Contractors representing 16,000 scaffolding operatives continue to reduce accidents
18 hours ago

First packages awarded on £28m Milton Keynes office job

Galliford Try gets going on eight-storey complex
1 day ago

Network Rail to build £46m Wigan train depot

Preparation works are getting underway for Ince-in-Makerfield depot
2 days ago

Specialist trade bodies petition No 10 for payment reform

Unprecedented coalition of trade associations urge Prime Minister to act
2 days ago

Construction boss and developer jailed for contracts bribery

Skansen Interiors MD and and DTZ project manager sentenced
2 days ago

Murphy wins Wessex Water Trym Tunnel relief sewer

North Bristol tunnel scheme to start next year
2 days ago

Graphene concrete game-changer for industry

Exeter Uni scientists produce concrete with twice the strength and four times water resistance
2 days ago

Kier lands lead role in £19.4m Glasgow theatre revamp

Work to start in September revamping the Citizens Theatre
2 days ago

Hill boasts record year as partnerships margin hits 3%

Partnership housing drives growth at Hill as pre-tax profit hits £47m
2 days ago

CMS wins £10m glazing deal on BAM’s Atlantic Square job

Major package win on £100m scheme
2 days ago

Contractors fold before £2m site death fines

Judge hands out huge fines but firms are no longer in business
3 days ago

Green light for £350m Leeds South Bank scheme

Preparation works can now start with construction planned to start next year
3 days ago

Mace go-ahead for London £150m Hanover Square scheme

Great Portland Estates JV secures pre-let to start building work on Mayfair scheme
3 days ago

Growth to rebound to 2.7% next year after flat 2018

30% fall in office activity over two years offset by surge in infrastructure
3 days ago

Crystal Palace to start £100m main stand next summer

Iconic main stand plan to go to London mayor to rubber stamp
3 days ago

Builder murdered by colleague on central London site

Murder hunt under way after construction worker bludgeoned by colleague on Hatton Garden roof
5 days ago

Barratt to pay for post Grenfell cladding upgrade on Croydon block

Government urges more house builders to pay for safety work rather than leaseholders
6 days ago

Carillion’s Midlands Pf2 hospital to cost extra £125m

Skanska confirmed for Midlands Metropolitan Hospital as trust waits for Government go-ahead
6 days ago

BAM Nuttall fined £900,000 after painter tears ligament

Court hears how worker plunged through station waiting room roof
6 days ago

Builders told to wait over a year for brick orders

Smaller builders warn of rising materials prices and lead times
6 days ago

14-storey Milton Keynes ‘sun hotel’ approved

Hotel La Tour gets nod for tallest building in Milton Keynes city centre
6 days ago

Contractor services