Underpaid Overtime rates

[MonMon]

Hi

In April this year I heard that myself and other employees from my department have been wrongly paid overtime rates. Some of the staff have been paid incorrectly for 3 months but most of us from Jan last year.

I went through my off duty, payslips atc and contacted my line manager who flagged it up with payroll. They said we can only have backdated 3 months.

Not happy about it all i have contacted matron of my department and payroll themselves. Matron is leading the case but hardly any updates.

At the time of mistake there was no policy about underpayment (only policy was if employees were overpaid).

Matron has contacted directors, HR and other higher people but still no further forward.

Sent an email couple of days ago asking Matron where we are at but still no reply.

Any idea of what can I do? Have I got any rights to get my pay backdated?

Thanx in Advance

[dslippy]

A failure to pay agreed overtime rates is an unlawful deduction from your wages, and liability goes back subject only to limitation. They cannot impose an arbitrary three month limit.
The limitation period is six years but (?) you might have to go to the county court to make a claim over that time period. Employment tribunals may apply a shorter period - check.

[ULA]

To clarify you believe your overtime rates have been underpaid since Jan 2021 of Jan 2022?

My understanding following legislation changes in 2015 is that you can make a claim to the Employment Tribunal for unpaid wages, of which overtime forms a part, going back a maximum period of 2 years, however employers can still seek to shorten this period if there has been more than a 3 month break between deductions at any point in that 2 years.

When was the last time you were not paid the correct overtime?

[MonMon]

Ula- I have realised in May that pay wasn't right. Last time I have been paid incorrectly was March this year. Increased OT rates started Jan 2021. Hope this makes sense

[ULA]

So the increase to overtime rates was back in Jan 21, however any overtime since then has not been paid at this new rate am I correct?

The issue though is that although you have the potential to claim this back, given the 2 year provision, there is a time limit to make a claim to the Employment Tribunal (ET) which is 3 months less a day from the date of the deduction or, within 3 months of the last in the series of unlawful deductions. If the last time you were incorrectly paid was March this year as part of a series of unlawful deductions dating back to Jan 2021, then you are unfortunately out of time to make a claim via the ET.

So a possible option - you have the knowledge now that you could claim back up to 2 years, so you could email the appropriate management saying that having taken advice you are aware that in 2015 a 2 year limit was placed on backdating claims for unlawful deduction of wages. Given that overtime not being paid at the correct rate would be considered an unlawful deduction of wages, you would request that this is now rectified by the payment of outstanding monies owed. See if that gets a positive response.

If not as dslippy has said you may have the option of making a claim via Money Claim Online (MCOL) however you would need to pay a fee to make this claim. Not my area of expertise though, so if my suggested option does not work and you decide to use MCOL I will reach out to other colleagues on LegalBeagles to assist you.

[MonMon]

Thank you all for your help and advice xx