Overtime rates for part-time staff

[golfillini2]

Hello All,

 

As a shift worker working fulltime i work alongside part-time staff.

The nature of my job means there are times when my shift has finished but we have to stay on to finish a job. As a fulltime staff member i get overtime at time and a half but the part-time staff receive only flat rate.

Can someone enlighten me to why this anomaly is accepted practice and why unions are doing nothing to correct this situation.

[honeybee13]

Hello there.

 

I'm not one of the members with legal knoweledge, but I thought that part-time staff were meant to be treated in the same way as full-time ones.

 

As for unions, if they should be doing something, then shame on them.

 

I shall be interested to see the answers too.

 

My best, HB

[mariefab]

I would imagine that it's because the part time staff haven't worked enough hours to qualify for the overtime rate.

For example, if full time staff are contracted for 35 flat rate hours per week and get paid at time and a half for hours worked in excess of this amount; part time staff would only qualify for the enhanced rate once they had also exceeded 35 flat rate hours.

[Gbarbm]

Marie is right, usually on the payslip it will show plain time and overtime rate.

In our organisation, the partimers have to exceed 37 hours per week before they receive the overtime amount.

I suppose the rationale behind that is it is deemed to be equitable as overtime is only paid if you exceed the 37 hours otherwise the full time staff would be at a disadvantage

[postggj]

ill throw another spanner into the works

 

but if a part time worker is only contracted for say 10 hours a week, anything over the 10 hours would be overtime

 

but it is your contract of employment that would dictate measures

 

why do you think most companies, supermarkets etc are on 0 hour contracts

[mariefab]

In the example you give, squaddie, a part time worker working in excess of their contracted hours would be working over time.

However, this alone doesn't make them eligible for enhanced overtime rates of pay.

See 5(4) below.

http://www.legislation.gov.uk/uksi/2000/1551/regulation/5/made

[golfillini2]

Hello all

 

thank you for your replies,

 

I am of the same opinion as squaddie. Anything over contracted hours should be classed as overtime with the same overtime rate as full-timers.

 

In my case the part-timers do not do voluntary overtime and are expected to stay and finish a job that has begun prior to their finish time.

[postggj]

Unless it says differently in their contract of employment, employers will usually only pay overtime to part-time workers when they work:

• longer hours than are included in their contract (although sometimes they might just get their normal rate)
  
• more than the normal working hours of full-time staff (when they must receive extra payments if full-time staff receive them)
  
• unsocial hours for which full-time staff would get more pay
  

[postggj]

its what the contract of employment states

 

remember that piece of legislation is 12 years old and we now have the agency workers directive as well

[becky2585]

The Agency Worker Regulations are an entirely different point to what is being debated here.

 

I actually think its entirely unlikely that as a part time worker you'd be entitled to a higher rate of pay, or that the employer would be treating you less favourably by paying you a standard rate. I believe your only entitlement would be contractual. Incidentally, it's common for employees to have to work *some* unpaid overtime. Half an hour is usually reasonable per day. My contract actually states I have to work as many hours as necessary to fulfill my role without extra remuneration, and I am technically part time, working 30 hours per week. I do actually work more than this in practice, however.

 

Marie is right btw. The reason behind this being, when it comes to an enhanced overtime rate, the part time workers are treated no less favourably because they would still be entitled to the enhanced rate if they worked an excess of say, 40 hours per week. The only difference is staff on 40 hours automatically qualify, whereas the part time worker would have to work many more hours (although it would still be the same amount of hours as the full time employees overall).

 

Hope this makes sense.

Edited February 9, 2012 by becky2585