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Previous Employer not paying overtime worked ACAS not hopeful

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  • Previous Employer not paying overtime worked ACAS not hopeful

    Hello,

    Posting on behalf on my partner who left the employer in question in February and has been using ACAS for mediation.

    To summarise she hasn't been paid many hours of overtime accrued over months of staff meetings and other non contracted attendances.
    A subject access request revealed no evidence of the overtime.
    ACAS have requested the same and the company have buried any knowledge of her overtime saying it wasn't worked and there is no proof it was worked.

    ACAS have said witnesses providing testimony at a Tribunal wouldn't be enough, she has a record of the times worked but no formal clocking in or out recorded.

    She is prepared to give up but it cannot be right that a large corporation can do such a despicable thing.
    Tags: None

  • #2
    If your partner genuinely worked the overtime, followed any procedures in respect of working overtime i.e. getting approval in advance and it was payable under contractual terms then this should have been paid.

    However, depending on when the overtime was due to be paid i.e. did this happen just prior to them leaving or some months earlier and whether your partner has an Early Conciliation certificate, there may be a time limit issue.


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