Employment Issues with Local Authority

[orfoster]

Hi all, I have been working for the Local Authority now for 20 months and have been having so many problems with my contracts ETC.

I have three jobs with them two of them are relief (casual) I have been working full time hours here each week. The other contract is for 15 hours. These are all seperate contracts but with the same department in the same building. Now with one of my jobs I work in the control centre as an operator where the pay is always enhanced, in my contract is states that when you work over 37 hours you are entitled to overtime at time and a half. This has been paid to me. Now personnel have said that because I get the enhanced rate I can only have one or the other as stated in the staff handbook however the staff handbook doesn't state my job it states the job for repairmen which isn't in the same department. Is there any guidance on how I can take this forward as I don't think its fair. They have also told me that I will only get overtime from now on if I work over 37 hours in each of my three contracts so every other employee gets overtime when they go above 37 hours but I will only get overtime if I hit over 111 hours, surely this can't be fair. Any advice??


Also they paid me overtime for my job a few months ago but have now decided they were wrong in allowing this and want the payment back (about £800) they have come to this because I get paid a premium payment and have now decided i am not owed overtime if I take the enhanced normal payment.

[poppynurse]

sounds like you need the union on this one.

[jet_black]

Contact Unison ASAP regarding the overpayment. With regards to the overtime issue, it is correct that you cannot claim overtime if your combined hours for all jobs go over 37 hours, however you would be entitled to it if the hours were worked on the same post. Each job has separate conditions and rates of pay, I think it was deemed unfair in the past for employees with multiple posts to combine their hours as they could claim the overtime on the highest paid post which puts them at an unfair advantage over their colleagues who only have one post.

[cal37]

Ok your contract for the roles state overtime after 37 hours...........that means if in job one you do 37 hours you get paid overtime for it at that contracts rate of pay.

If in job two you also do over 37 hours you will also get paid at that contracts overtime rate and so on and so on....

You should always be paid at the rate stated in the contract which ever one it is but you can not expect to get paid for doing overtime on contract two but get paid at contract ones rate because its higher.

As for the overpayment.............. ...seek legal advice you should not have to pay this back.

[orfoster]

I had a meeting with personnel and my UNISON guy came up with me. I looked into things and my holiday is also all wrong as i've been getting rolled up holiday pay and even the payment has been wrong. I was told I couldn't get sick pay so I sorted that out and now get sick pay. My Union guy did make notes but seemed like he thought i would have to pay it back. I just find it so unfair as it turns out our admin dept don't even know how to calculate leave etc and haven't been trained. Management know that but haven't done anything about it.