Overtime

[joh]

Hi

Just wanted a quick bit of advice, my contract states I am contracted to 40 hours a week and that all overtime will be paid at my standard rate yet I am only paid for 40 hours regardless of how many I may have worked, are my employers in breach of my contract? and if so what can I do about it?

I questioned my boss about it after my six month probation when I felt secure in my job to do so and he simply told me that he would be changing my contract and there were loopholes around this sort of thing, so far to my knowledge my contract has not been altered.

Any advice welcome

Thanks

[teaboy2]

Re: Overtime

Well first off all he won't be changing your contract without your signed consent to such changes, to do so without your consent is a breach of contract.

As for the non paid overtime, you are entitled to be paid all hours that you worked.

So work out how many hours you have not been paid for to get a total sum of what is owed to you.

Then make a formal request to the employer demanding payment of said total sum, outlining that the sum is the amount owed to you for all unpaid overtime you have worked since you started employment. Point out to them that their failure to pay you said overtime amounts to a breach of section 13 of the employment rights act 1996, and is also a breach of contract, that can be remedied by paying the sum to you within 14 days from date of this letter.

Also state in the letter that when you brought the matter to your bosses attention, he stated "that he would be changing my contract and there were loopholes around this sort of thing" - You do not agree to any such changes and have taken necessary advise and been informed such changes would require a notice of variation being given to you and your signed consent to any changes of your contract and you have no intention of agreeing to any such changes. And any attempt to make such changes without your consent would amount to a breach of contract and you suggest that your employer seeks legal advice, before making outlandish claims that their are "Loopholes around this sort of thing" when their certainly is not.

Now did you sign an opt-out of the maximum 48hr working week under the working time regulations?

[joh]

Re: Overtime

Thanks for the reply,

No I never signed such an agreement

[teaboy2]

Re: Overtime

In that case if you did not opt-out of the 48hr maximum working week and have been working more than 48hrs a week, then they are in breach of the working time regulations too! But keep that underwraps for now, as if they want to play hardball we can use that to your advantage! So jyust send the letter i recommended and see what the response is and let us know.

[joh]

Re: Overtime

I actually pointed out to my manager that sentence in my contract "all hours will be paid at standard rate" he was so dismissive it was very frustrating. Some weeks will have been earning under minimum wage.

Thanks for reply

[teaboy2]

Re: Overtime

I actually pointed out to my manager that sentence in my contract "all hours will be paid at standard rate" he was so dismissive it was very frustrating. Some weeks will have been earning under minimum wage.

Thanks for reply

If your total pay (that which you have been paid for) divided by your total hours worked (including the unpaid hours) works out less than the national minimum wage hourly rate for your age, then say so in the letter to, advising them you will report the matter as such to the national minimum wage office, if the matter is not remedied.

In fact, make the letter a formal grievance letter against the manager (basis of which is failure to perform duties to acceptable or reasonable standards and negligent misconduct) and address it to your HR department if you have one, if not address it to next person above your manager!

[stevemLS]

Re: Overtime

I don't think there is any such thing as the NMW office, as I recall it is HMRC that are responsible for enforcement.

Minor point.

[teaboy2]

Re: Overtime

Yes your right, sorry for that, i just refer to the relevant team at HRMC as per i did above purely out of personal habit - I have nick names for them all, just not all are pleasant ones lol