Overtime Not being Paid Right

[jo5ephedward5]

Hello, i work for a huge Architectural Practise as a trainee architect (Part 1)

 

i used to work in the shrewsbury office in shropshire but last year in order to attend university one day a week i transfered to the London office - and got a 110% pay rise - tho living costs are 300% higher than living home for free lol.

 

anyhow - i did 43 hours overtime in June and was told i could have 3 days in leiu - i refused these saying i wanted either paying overtime or the full 43 hours in lieu - nothing happened for some time then last month as this was still outstanding one of the partners said look these projects were small and took up lots of time so we made no profit on them and so thats why we couldnt afford to pay you the over time...however the client was so happy that we have won some bigger 20million + contracts so we'll give you the overtime for the 43 hours you worked as you did all the drawings etc and they loved them!

 

Great - except this month when they paid it it was a standard rate - now the staff handbook says:

 

4.4 Overtime

The company recognises that additional hours may be required in certain circumstances.

Where these hours are significant, additional time off in lieu may be granted. You should agree

any additional hours and associated time off with your Manager in advance.

Where time off in lieu is impractical, and overtime is authorised in advance by your Manager,

payment for additional hours worked will be made at the rate of one and a half times your basic

rate. Overtime rates will apply for additional time worked in excess of normal working hours.

No payment is made for travelling time

 

I called up our headoffice and asked them about it saying that in the past at other office i have been paid 1.5 times standard rate as per the staff handbook and my contract.

 

he said evryones contract is the same but the London office only pay standard time for extra hours and someone should have told me - thing is i see it as irrelevant that someone should have told me as its in Black and White - thats like saying we're halfing your agreed salary this month cause we feel like it but your contrcat stays the same.

 

what can i do about this without falling out with anyone over it - i want to ask for payrise etc soon and dont wnat this to mess with that however i'm £300 down now and dont think its fair, when i pay all my uni fees etc and get no help from them - in the shrewsbury office this is all paid for including incentives to do well like £1500 for every subject you pass with a first etc and they buy books - the London office seems to have different rules and i dont know why!

 

Cheers

 

Joe

[jo5ephedward5]

well this has now happened to other members of staff at the london office - and we are unsure of how to proceed - any ideas welcome

[jo5ephedward5]

Hi guys - i never got around to dealing with this ... i assume its not to late as a breach of contract is still a breac of contract?

 

i'm going to write to our pay roll department and see what they have to say about it...any further advise greatly recieved

[diskmandave]

Hi... This is pretty simple...

 

The bosses at the London Office have been getting away with it for so long because PPL have allowed them to, and it's become "common practise", and regardless of what it says in your employees handbook, because this has happened like this for as long as it has, it has become an "implied term". As such there needs to be nothing in writing.

 

For further legal advice on this matter, simply contact ACAS.

 

Acas - Home

 

Best Regards, Dave.

[chesham]

It is a breach of contract, and you are entitled to sue them for what is yours...but not best for employee relations.

 

Diskmandave is right - ACAS are really good at sorting disputes out without going legal and normally resolve issues without any bad feelings.