is this right?

[barrwad909]

to cut a long story short.....after many complaints to external management about working conditions i decided enough was enough and handed my notice in, i asked my manager what holiday entitlement i had and was told 22 days, it is not possible to view your own record on the system we had or amend it, things deteriorated and i eventually walked out. In a nutshell i was regularly working in excess of 60 hours whilst being paid for 48.

 

i then get a zero payslip stating that the holiday that the system showed was incorrect and i had 1 days holiday..

 

i asked them formally for a record of all holidays taken and hours worked in those weeks and got the vaguest reply without all this information, i also should have been given TOIL for bank holidays which they admitted hadn't been given so they are crediting the cash value against the overpayment they made to me.

 

I also asked how they would recompense me for additional hours worked over and above my normal hours and they stated that my contract contains an opt out of the WTD and that i should have opted in to this if i didn't want to work over 48 hours. this doesn't answer my question on the company policy into how these hours should be compensated for, i have an email from my manager stating that she required me to work up to 55 hours a week and she would help me to write rosters that meant i didn't need to, she never did help me.

 

so my query is really............

 

do i have to opt in to the working time directive?

are they required to pay me for all hours worked over and above the 48 contracted for?

can they recover overpayments from me if i dispute that i owe it?

do they have to provide all the information i am requesting and can i do anything if i dispute the amount of holiday taken using my own records?

 

thanks for any help

[Emmzzi]

1. Yes, you need to give them notice you are opting back in. They cannot refuse it2. Not unless your contract says so, or not to do so would take you below NMW3. Yes4. If you issue an SAR, yes, if it exists!

[barrwad909]

1. Yes, you need to give them notice you are opting back in. They cannot refuse it2. Not unless your contract says so, or not to do so would take you below NMW3. Yes4. If you issue an SAR, yes, if it exists!

Thanks for this but....Can a contract of employment contain an automatic opt out of the working time directive.

[Emmzzi]

if it's in the contract and you signed it, yes

[billathome65]

If you where contracted to 48 hours and regularly worked more whilst the employer is not required to pay you the overtime they should give you the time worked over back in liew.

 

Where I work unless overtime is formally sanctioned I will not be paid for it, however, I can take this time back if agreed. ( There's the catch) If you worked above the contracted hours and did not get formal agreement that they would A pay you B you take the time back. they could say you did it off your own back and stick two fingers up at you. I got stung with that one

 

Bill

[Emmzzi]

If you where contracted to 48 hours and regularly worked more whilst the employer is not required to pay you the overtime they should give you the time worked over back in liew.

 

Bill

 

Should, but importantly are not legally obliged to unless you contract says so, or you are under NMW with the extra hours. And probably you also need to have got the overtime pre-authorised.

[barrwad909]

Should, but importantly are not legally obliged to unless you contract says so, or you are under NMW with the extra hours. And probably you also need to have got the overtime pre-authorised.

The manager loaded the rosters onto the time and attendance system so was well aware of the hours I was rostered to do..

[Emmzzi]

a) what did your contract say about overtimeb) do the hours take you below NMW

[barrwad909]

I've asked for a copy of the policy on overtime and it didn't take me below nmw

[Emmzzi]

Contract, not policy is what matters most....

[billathome65]

Contract, not policy is what matters most....

 

I agree totally with your statement. However surely if it was the manager doing the rosters and putting more hours on, then they should be required to pay the additional hours under those circumstances? I can't see the contract saying you will be required to work regular overtime but without pay and no time back in leiu.

 

Bill

[Emmzzi]

Not necessarily Bill.... eg if the contract says "hours required to do the job". So we need to know the exact wording.

[billathome65]

Added a line to last post. and agreed unless the exact wording of the contract is known we are at a stop sign.

[barrwad909]

Added a line to last post. and agreed unless the exact wording of the contract is known we are at a stop sign.

Hi everyone thankyou for taking the time to reply, I'm currently waiting again for the company to send me copies of the documents, they seem rather reticent to send me anything other than a letter stating they will be writing to me from another department to recover an overpayment, but I can't substantiate an over payment as they won't send me details on how they've based the overpayment.