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swisstoni

Employer not paying overtime

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Posted (edited)

Hi,

My son has worked a significant amount of overtime for his company in order to pay for a new car - when he got his wages this month, they have not paid him any overtime but have instead told him he will receive additional annual leave instead of the payment... Is this even legal? There is nothing stated in his contract or has been agreed with him for them to do this... Would this be classed as Unlawful Deduction of Earnings? Any help appreciated...

Edited by swisstoni

THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Hi.

 

What agreement did your son have when he started doing the overtime and is this in writing anywhere?

 

HB


Illegitimi non carborundum

 

 

 

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Hi HB,

 

The agreement is time and a half for all overtime worked as laid out in his contract - It does not mention additional annual leave as an alternative


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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Thank you. So when whoever it was asked him to do the overtime, what was the deal agreed, do you know?

 

HB


Illegitimi non carborundum

 

 

 

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Posted (edited)

This really upsets me.

If your boy doesn't mind changing job, tell him to collar the manager and get the money out of him.

If he doesn't pay up, sue the company with only 7 calendar days notice.

Edited by king12345

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4 hours ago, honeybee13 said:

Thank you. So when whoever it was asked him to do the overtime, what was the deal agreed, do you know?

 

HB

HB,

His manager asked him to work overtime to cover a staff members sickness...he was told he'd be paid overtime so he did a few shifts covering....


THE VIEWS POSTED BY MYSELF ARE STRICTLY MY OWN OPINION AND CANNOT BE RELIED ON FOR LEGAL PURPOSES.

IF IN DOUBT, CONTACT A QUALIFIED LEGAL EXPERT

SWISSTONI

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what is in his employment contract with regard to paid overtime?

i have worked for companies where overtime was a weekly occurrence so we were paid it at agreed rates. other places overtime  was usually mitigated by giving you time off in lieu and one of my colleagues took an extra 7 weeks leave at the end of the year just to rub it in and after that they decided they could pay you under certain circumstances.

some places say you have to work a certain amount before thye will consider it being worthy of any payment, ie 2 hours a  month in 1/2 hours blocks as a minimum.

Now it seems like your lad would be best served by reading up his terms of employmet and then going above his immediate boss and inform whoever is next up the management greasy pole that he would like to make a formal grievance regarding this work and promised payment and stick to his contract.

I bet immediate boss has budgets to protect and will quickly fold once it looks like trouble is looming so actual formal grievance letter may not be necessary as long as the right person's ear is bent

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WW3 is the answer if they don't pay at first request. 

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Posted (edited)

If the extra hours worked means his total pay per hour comes out to less than minimum wage he can involve outside help from HMRC.  My daughter had a similar issue some years ago and they were red hot.

Edited by hightail

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3 hours ago, king12345 said:

WW3 is the answer if they don't pay at first request. 

 

How, exactly?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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If you have seen my past posts about employers taking the Mickey out of workers, you'll know that I've never been scared of starting a war to protect workers' rights.

So in my opinion if this employer wants to change the rules of the game after setting them, I would do everything in my power to get paid and if more bs is thrown at me, my mission would be to destroy them.

Unfortunately i lived the times when unions where in the business of protecting workers' rights and i haven't changed my principles. 

Unlike the union bosses and most reps who now are just working to obtain something for themselves and stitch workers up all the time.

We even have some fake union bosses online giving bad advice, usually to submit to slavery, and claiming that the law is against workers.

It is not, and we fought for it.

People lost their jobs, their houses and were blacklisted so not to be called for large contracts (see McAlpine) and now the corrupt union officials are spitting on them.

Disgraceful!

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4 minutes ago, king12345 said:

If you have seen my past posts about employers taking the Mickey out of workers, you'll know that I've never been scared of starting a war to protect workers' rights.

So in my opinion if this employer wants to change the rules of the game after setting them, I would do everything in my power to get paid and if more bs is thrown at me, my mission would be to destroy them.

 

Yup. But you haven't said HOW so your advice is not actionable?


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Just now, king12345 said:

I did, see post #5

Ok. I am not sure I think that's "war." But YMMV.

 

By "collar" do you mean hit or talk to?

 

And, what is your advice if the son does NOT want to get a new job?

 

 


Never assume anyone on the internet is who they say they are. Only rely on advice from insured professionals you have paid for!

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Collar means talk in a firm manner, without letting them put you down.

My advice is based on my experience. 

The more you show them that you're not scared and you can't be walked over, the more they'll respect you.

100% success rate following this line.

But of course, i accept that there might be employers out there ready to sack workers who don't accept to be treated like slaves,  even though i haven't met them in modern times.

Nowadays employers seem to be playground bullies: as soon as you stand up to them they love you.

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