regular overtime payments reduced, do i have any rights

[Fred39]

Hi there,

 

I've been on a on call rota for some years now which as been a 1 in 3 weeks and been paid a weekly allowance for this service and overtime paid extra should I be called out.

My employer now wants to change this to a 1 in 4 weeks which now leaves me out of pocket just for the on call payments a year.

 

Do I have an argument that i am effectively been force to take a pay cut and that i should be compensaited accordingly ?

 

thanks in advance for any advise.

 

Fred.

 

 

 

[honeybee13]

Hello and welcome to CAG.

 

Could you tell us what your contract says about overtime please? It will help us to advise you.

 

HB

[Fred39]

some wording suggesting it is required 1 in every 4 week but may vary.

also it mentions it reserves the right to alter these

 

I have done the same rota for some years now, does that not help make it contractual ?

 

Thanks Fred.

[honeybee13]

Would it be possible to post up the wording please? We need to see exactly what it says.

 

HB

[Fred39]

hi, the document i'm refering to is marked internal and confidential so sorry i can't add it word for word.

 

I suppose my main thing to understand, if i have earned something in OT on a regular basis, and it's then reduced do i have a come back to the company for comensation 

 

Edited February 19, 2020 by Fred39

[ericsbrother]

now is it overtime or a shift allownace or an on call allownace and if the latter how much do you then get paid for actually atternding to whatever situation you are called to.

What are your "normal" hours and goes the WTD come into play?

[Fred39]

its an on call allownace of £50 per night, 7 nights every 3 weeks, they want to change this to every 4 weeks

contrcat states that we agree to be excluded from the 48hr WTD

when called out we get paid the going rate for OT but still keep the on call allowance regardless.

 

[ericsbrother]

so changing the on call bit isnt likely to be a contractual matter. They are pre-empting a change in the law because of a big tribunal case that is waiting for a decision on so they ARENT obliged to include it in your contractual hours etc.

Basically you are likely to get a lot more in the future than you stand to lose but it the courts decide that things can stay as they are I would bet that they go back to the old system as they can still afford it