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Overtime worked payment


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Hello All ,

I have a problem at work with overtime payments This months wage,i have not been paid any overtime

 

I have spoke to wages department.,who informed me that the Director has told her to not to pay overtime but to add hours worked to my holidays .

 

Can he do this?? He did not speak to me about it No notice -nothing !

In the 3 years that i have worked here never had any problems .

 

The Company is Global having sites all over the world ,and has a yearly -turnover of £200 Million ++

 

Thank you

 

Evo123

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Have you spoken to the Director? Or HR?

 

The size of the company or its turnover have nothing to do with overtime pay. There is no intrinsic right to overtime pay in law. The contract determines this, and the contract can be changed, albeit they should give you notice of that. If it's been changed - because it may already give the discretion to allow for time off in lieu rather than payment. That wouldn't be uncommon. So the only interest that the law really takes in this is that toy are paid at least the minimum wage across all your working hours. If that is the case, then there is probably very little, legally, that you can do. Yes, if there is a breach of contract you could possibly sure your employer and / or kick up a stink. But it won't necessarily mean you win anything, as there is no loss, and suing or threatening to sue your employer never goes down well with the employer.

 

But your starting point anyway has to be to ask the Director why this has changed. And realistically, if the change is happening and there is nothing to discuss, then you need to decide whether you simply stop working overtime. Personally speaking, this sort of term is quite common for a lot of people, and having "extra holiday" to take can be very much more attractive.

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a friend of mine had a similar thing some years ago, he worked a mass of authorise overtime and then the managemt decided he would have to take it as holiday instead of cash. It amounted to an extra 7 weeks holiday and as he was the only person in the dept that could do his work they changed their mind about this and gave people the choice if the OT was more than a certain number of hours.

Generally the employment contract will have something to say about this in terms of payment or TOIL and at what rate the extra hours are worked.

A risky strategy is to bank all of the extra hours and then ask for holiday at the very end of the leave year. If they cant do without you the WTD will force them to pay you instead. If your bluff is called you could go skiing.

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