Not Getting Paid Owed O/T and On call rota - Refusing extra duties rights???

[8yf13L0]

Good morning.

Since january I have been working as a maintenance electrician on a static site with a FM company on clients site, and jeez where do I begin...(question at the end)

Firstly I signed up to this job as advertised as 6-2, and 2-10 shift mon to fri, as per the contract I signed - but the site team apparently wasnt doing the shift pattern yet (still on 8-4). But manager quotes we will be starting the shift pattern once me and one other collegue completed our probation period. The existing site guys was told it would happen about a year ago, and was given an uplift in salary for it (not a shift premium, just straight payrise),
as the existing guys was still on 8till4 1 year later, they are defending their 8till4 shifts as they quote it is now thier contract through inferral for doing it so long.

Ok, so the main issue now is we are currently doing overtime as occationally we are asked to come in on a saturday or stay on an evening to support demands of the bsuiness contract as normal, also we are asked to go on an on call rota (despite not being in my/our contracts). But we are NOT being paid for it!!
Each month pay day all we see is our basic salary, or we either get a some of our overtime but not full, or even get deductions for no apparent reason.

Back in april our group instigated a meeting with the manager demanding commitment to action or we raise a grievance, 4 weeks after that meeting we all got a BACS for the outstanding overtime owed from january to april, they still had to send 2 BACS as they could not even get the amount correct the first time, anyways it qas paid.

Now coming to end of august all overtime from april to now hasn't been paid in our paycheques either, and already been told by our new first line manager that nothing will be seen in our augusts pay either.
I am owed about £470 consistant of call out rotas, call out fees, and coming in on a sunday for a few hoirs to support the business.
I have been on holiday all this week and noticed on monday I got a random BACS transfeer of £180, which obviously is not the full amount, its getting beyond a joke.

Question: If being on-call is not mentionned in my contract, and I am not getting paid for it, can I legally refuse to do them?

Our team has agreed to no longer volunteer to do any out of hours work and just keep to our basic hours, which screws our management because the client want regular support out of hours for business reasons and our FM company fail to facilitate because we all refuse to come in.
Can we do the same for the on call rota, or is that gross misconduct??
Note: I have only been on the on call rota for a few months but is only visible on one payslip as they are terrible at paying us.

Thanks in advance

Jamie

[ULA]

If I have understood what you have said correctly there is:

1. A issue of not being paid overtime that has been approved and you have worked
2. You have been asked to work on a "call out" rota which is not part of your original contract and for which you get no extra monetary compensation.

If these are the two issues then my thoughts are as follows:

1. Are overtime payments detailed in your contract of employment? if contractually there is a requirement to work overtime for which you will be paid then you need to go back through your payslips and work out what overtime has been paid and what has not. For the overtime not paid you need to detail this in an email to your line manager and request that the payment of overtime be made at the earliest opportunity.
2. How was the call-out rota introduced to you all? Was there an agreement on any payment for being on call? What are the hours of the on-call rota and are these normally outside of the hours you are required to work overtime.

[Chris1986]

Evening, sadly I can’t really offer much advice, but very interested to see where this goes. I’m a contractor working from home and take part in an on call rota and barely get paid for it. So I’ll be interested to see what people suggest on this matter.