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lieu hours


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hi all,

 

does anyone know the rules on accruing lieu hours.

 

i have worked for a company that meant that my role was impossible to complete in forty hours, i also covered holidays sickness etc as there simply weren't the hours in my budget or the excess staff to cover these.

 

my employer has a policy of not paying overtime ( this it seems only applies to managers ) they also state that you aren't expected to work more than 48 hours a week in a 13 week period. some weeks i worked 60+ hours my contract paid 40

 

anyway to run my department i have accrued 190 hours of lieu time, my employer had no issue with me working these hours and keeping within payroll budgets. i am now leaving the company, are they obliged to pay me these hours? my argument would be that they had no issue with me accruing and now i am leaving i am unable to get these hours back so therefore they should pay me???

 

any assistance is greatly appreciated

 

thanks

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Unless you have the contractual right to accrue hours at all, then these hours do not exist. If you voluntary work additional hours and have made no formal arrangements with the employer, then the employer is not obliged to give you back the hours at all - and certainly there is no legal right to claim them or to be paid for them. So if the employer refuses your request there is nothing that you can do to enforce payment of them.

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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Thanks Sarel, there is an arrangement whereby staff are allowed to claim these hours back as leave and a lot of people do, i however have not been able to do this as the shortage of hours in my department has meant that to take my hours back would have meant quite literally closing the department. i did not voluntarily work extra hours, i obviously could not close my department so this meant i had no option but to work. colleagues are paid overtime, and the company handbook states that lieu hours can be taken at a later date, i can't take these now i am leaving so i can do nothing about these hours at all??!!

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This is then up to negotiation - If the policy is that the hours can be taken as TOIL there is no legal right to payment for them. It's also quite unusual for employers policies to permit so many lieu hours to be stockpiled - I suggest you read the policy very carefully. Can you not take it as part of your notice period?

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I am a barrister specialising in employment law, and only represent employees. My advice on employment issues is advice - not legal opinion - and is based only on the facts you provide. If you want an accurate assessment of your case and prospects, you should get legal opinion from a lawyer - not a public forum. Anything I tell you is for guidance only, and is based on my experience of the law in the context of what details you provide.

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