buildersmate, can you help me please?

[thingummyjig]

The company I work for have been telling the staff for months that there is no overtime available as our area is overstaffed. Two part-time people in our branch, myself included, are desperate for extra hours and were somewhat peeved to find out that next week we are getting a new full time member of staff, who has been taken on from a rival company. This position was not advertised anywhere; it would appear that this lucky person just enquired as to wether we had any vacnacies and was given a full time position. As I have spoken of my feeling of unfairness at the situation I am being called into a meeting this week. Can anyone tell me if the company have done wrong here or if I have a right to air my views?? thanks in advance!

[factor-fiction]

I'm sure buildersmate will give a full answer but in the meantime I'll offer my view. It depends on whether the new person's role is identical to yours ( I suspect the company will argue it's a different role requiring external expertise). It also depends on whether there is a staff/union agreement on filling vacancies and whether this was broken. So I can't say for sure but I think this kind of thing happens from time to time and there's not much that can be done if the company argues it has sound business reasons for its actions. Also of course, there's no automatic right to overtime.
Over to buildesrmate for a expert view...

[Eve]

Would it work out cheaper for the company to take on someone else than pay other staff overtime?

[buildersmate]

I'm not clear from your question whether you have been asking for an increase in your contracted hours, or whether you've been asking for overtime.
If you've been asking for an increase in your contracted hours, then it seems very unreasonable if a new employee has been recruited to do a similar job. However the company has not broken any law - it has just gained itself an extremely demotivated employee.
If you've been asking for overtime, then as Jenna says, every business I've ever been a manager in prefers to recruit full-time staff rather than rely on permanent overtime - it cost more. In one of my HR jobs, I instigated a policy that ensured that part-time employees, if they work overtime, only got normal time rates until they worked more than 37 hours in total in a week. The reason, I hope, is obvious - one cannot (fairly) have people on 37 hour contracts working alongside part-timers on say 20 hours, where the part-timer gets 1.5x pay from 21 hours per week upwards.
I trust that give you a view as to whether the company has 'done wrong.
You have a right to air your view on many things with your employer. If you are genuinely unhappy with a management discussion, most companies operate a process called 'grievance', which enables you to get a hearing with your manager, normally involving HR. But I am not sure you have a grievance here, unless you had an understanding that the availability of extra permanent contractual hours would at least be mentioned to you, if they become available, before recruitment from outside.

[thingummyjig]

hi, thank you all for responding so quickly. I'd just like to clarify some of my points; after reading it through I can see where I have not made myself clear. Th new persons' role is not identical to mine but she has the same qualifications. It is a position that I have expressed an interest in to my manager, but it was as much to his surprise that someone else has been brought in; it actually leaves our branch well overstaffed.
When I say that I am desperate for extra hours I've made it clear to my manager that I will accept anything going (wether on contract or not); I've always been the one to cover any overtime (which is paid at normal rate; I fully understand your point and would not expect a higher rate unless it was over standard 'full-time' hours). I am sure that my manager would have brought to my attention any possibility of an increase in my hours, as he is very supportive and has no hesitation in acknowledging my progress and effort towards work. The area manager is fairly new to the position but has already had several run-ins with my manager, and I'm beggining to wonder if this has any bearing on the decision to 'surprise' us all!
I have decided that my best option is to make the area manager fully aware of my need for extra hours and my capabilities and then, should a similar thing happen in the future, I would have cause for airing a grievance. Thanks again for your help.

[buildersmate]

That's sounds a very reasoned and rationale response. You are not really going to be able to 'undo' what has happened; the company is very unlikely to ask the new recruit to leave.
It sounds like a mess up all round - the new Area Manager probably didn't know of your interest in a full-time job - equally in many companies there is policy of letting employees know about vacancies. Clearly that isn't happening here and neither did your manager know anything about it.
Raising a formal grievance isn't going to change what has happened - you would be better off raising your desires through to the new Area Manager in an informal way. Perhaps ask for a short discussion with him/her next time they come to your site. Then follow a discussion along the lines of "Look I'm really keen to enhance my job in this company and I know that you've been recruiting new people recently - if there are any new areas of expansion you are thinking about, please could you let my manager know - I've got XYZ skills and have W years of experience here - I'm looking to enhance my career here.'