Site manager wins payout over 70-hour weeks

Grant Prior 8 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

Geoffrey Osborne files administration notice

Contractor in talks to save parts of the business
1 day ago

RG Group signs £121m Newcastle rental homes job

Developer Olympian Homes advances 519 flats plan at Pottery Lane site
1 day ago

Winners named for £260m Manchester Uni framework

B&K, Henry Bros, Graham, Robertson and Vinci among new line-up
1 day ago

Shed specialist Benniman rides out market lull

Worcestershire warehouse builder says industrial and logistics work is picking up again
1 day ago

Another contractor cleared after high profile immigration raid

Adana Construction employees were working legally on site swooped on by Home Office
1 day ago

McAleer & Rushe wants to meet new London suppliers

Contractor holding Meet the Buyer event in London: Register now
1 day ago

McAlpine signs £500m Broadgate dual towers deal

Work to start on iconic 36-storey and 21-storey towers
2 days ago

Worker rescued from collapsed four metre deep trench

Fire crews take six hours to save trapped builder near Blackwall Tunnel
2 days ago

Gove puts another major building scheme on hold

Secretary of State starts another planning fight after M&S defeat
3 days ago

Greenwich University tenders £300m framework

Up to five firms will carry out upgrade and newbuild work at three campuses
2 days ago

Work starts on Manchester 26-storey Obsidian tower

Contractor Domis starts Salboy's 10th Manchester scheme in seven years
2 days ago

Race for £1.3bn West Midlands social homes framework

The Community Housing Group reboots tender race for new build housing
2 days ago

Delancey submits £400m King’s Cross lab plans

200,000 sq ft lab/office project will be built above railway and tube tunnels just 4.5m below
3 days ago

Winners revealed for £150m fire safety framework

New deal will help organisations comply with the Building Safety Act
2 days ago

Sellar plans £500m City tower next to Walkie-Talkie

Consultation starts on London 60 Gracechurch Street tower
3 days ago

Severfield ends year on high with record order book

Orders top £500m with strong future pipeline of opportunities ahead
3 days ago

Second senior director exits National Highways

Commercial director Malcolm Dare set to move on to new role
3 days ago

New scheme fuels London lab building boom

Plans in for 160,000 sq ft Whitechapel scheme near Royal London hospital
3 days ago

Contract race starts for next £155m section of A9 dualling

Prior Information Notice published for Tay Crossing to Ballinluig stretch
4 days ago

£55m Sheffield build-to-rent scheme approved

Demolition to start later this year for 158-flat Sheffield Garden project
4 days ago

London back as most expensive place to build in world

Capital leapfrogs Geneva to top costliest construction rankings
4 days ago

Gas supplier Regent to buy TClarke for £90m

£491m turnover listed building services specialist to be sold
4 days ago

Steel contractor Billington launches into bridge market

Steelwork firm hires staff from failed architectural and bridge specialist SH Structures
4 days ago

McGee employees benefit from rise in profits

Pre-tax profit doubles boosting payouts for Employee Ownership Trust
4 days ago

Lendlease veteran is latest new McAlpine director

Paul Sims joins as Operations Director after 40 years at rival contractor
5 days ago

Costain signs site labour supply deal with four firms

Contractor to use only a quartet of providers for temporary labour supply
4 days ago

BAM go-ahead for Leeds 200,000 sq ft office

Latitude Yellow will complete final plot at Doncaster Monk Bridge site
5 days ago

VolkerFitzpatrick wins £30m logistics job

Latest deal to build five distribution units for Prologis UK
5 days ago

Trio win new Scape utilities consultancy framework

Perfect Circle, AtkinsRéalis and Arcadis win places on
4 days ago

Precast firm FP McCann cleared after immigration raid

Home Office takes no action after public raid on construction site
5 days ago

Contractor services