Overtime problems
- Thread starter ~J~
- Start date
What they are doing is unprofessional IMO. I'd take the high moral ground on this one. They are changing the criteria of the overtime after the event. So basically that says don't trust anything we say, we'll go back on any agreements to suit ourselves.
Where I work unless its agreed and basically the customer foots the bill we get TOIL.
I have to say though you are in a position where you either get another job or accept it tbh. You generally have bugger all rights < 2 years served and with no contract I can't see you've got any sort of leverage.
I got messed around before on overtime (I had got 10 years service and was a fairly critical member of the team) and I just told them straight - unless its all agreed in writing for a particular job then I will not do the overtime (depends upon your contract when/if you get it).
Worst I had was waiting 8 months for one over time payment
I think the problem nowadays is that people think if you argue for your rights/agreements your a money grabbing git and mark your card accordingly.
Hope something works out for you.
I have to say though you are in a position where you either get another job or accept it tbh. You generally have bugger all rights < 2 years served and with no contract I can't see you've got any sort of leverage.
I got messed around before on overtime (I had got 10 years service and was a fairly critical member of the team) and I just told them straight - unless its all agreed in writing for a particular job then I will not do the overtime (depends upon your contract when/if you get it).
Worst I had was waiting 8 months for one over time payment
I think the problem nowadays is that people think if you argue for your rights/agreements your a money grabbing git and mark your card accordingly.
Hope something works out for you.
Ah right, OK~J~ said:
In that case I'd say the company is possibly struggling financially as you say they had trouble paying over xmas. Another load of overtime to pay won't be top of their priorities. Looks like you're being stitched up a bit :/
Associate
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Here's where you have to be careful. Your boss could easily turn around and say "I didn't authorise overtime"... did your boss actually agree that you should work extra hours, and did you confirm with him that these were to be included in overtime? Or did you just assume that, as you were working towards a deadline, you should be paid overtime?~J~ said:
Have you any documentation of the hours you worked (such as a timesheet signed by your boss).
Otherwise it will be very difficult for you to prove that you should be paid overtime. It might be an idea to ask your boss for flexitime (i.e. to be allowed to take off the 30hours at some stage later in the year, rather than being paid for them in cash)
If you think your boss is being dishonest, look for a new job. When you get one, explain in your resignation letter that you're leaving because you're owed 30 hours overtime for which your boss had no intention of paying.
Man of Honour
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You could probably take it up with a tribunal for not offering you a clearly stated contract already. If you think it's worth it.
tenchi-fan said:
Yes. Originally, because of my own work load, we were going to employ a sub-contractor for the work, but the boss asked me if I'd mind doing it as it would work out cheaper* than the £300 a day subbie fees.
So yes, he confirmed that overtime would be required, a full time sheet is logged, and he's had this timesheet since 24th January when the overtime ended (about 6hrs a night for a week).
* didn't realise how cheap!! lol
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If I were you, I'd start looking for another job.~J~ said:
You worked overtime, and the admin quirk that "the job wasn't finished" has absolutely nothing to do with you. You should write a letter demanding immediate payment and send a copy to both your boss and the payroll dept (or company's accountant). Then wait to see if your boss acts. If he fires you, you can get him for unfair dismissal. If he ignores you, get a solicitor to write a letter threatening legal action.
Freefaller said:You should normally get a contract within 2 months, and then after your probation period they should issue you with a new one I believe? Or modify it, either way you'd have to sign both of them anyway.
It should cover the following points, and therefore you'd either be or not be entitled to overtime if it's part of their business plan:
* your employer's name
* yuor job title or a brief description of the work you will be doing;
* where you will be working, and your employer's address if you will be working in more than one place;
* when you started work;
* the date on which your continuous employment began (this is important when considering your entitlement to other benefits set out below);
* how much you will earn;
* when you will be paid.
It will also include information about:
* your hours of work;
* your holiday entitlement (including whether public holidays are inclided in this);
* your entitlement to sick leave and sick pay;
* pensions;
* the length of notice you and your employer have to give if you leave or are dismissed;
* how long your job is expected to continue, if it is temporary;
* any agreement between your employer and a trade union that affect the terms of your employment; and
* your employer's disciplinary and grievance rules and procedures.
All of this relates the the employee's right to receive a written statement of terms (under s.1 of the Employment Rights Act 1996). This is NOT the contract of employment. An employee is not entitled to receive a written contract, contracts can be agreed orally. Unless the written statement of terms is incorporated into a contract (and it should state that), it is merely EVIDENCE of the contract of employment.
Freefaller said:
A failure to receive a written statement of terms (which, is NOT a contract) cannot be a stand-alone action. Therefore, you cannot take this up with a tribunal unless you have another action against the employer.
I'm sorry to be a bit pedantic about this, but everyone is stating things which aren't true. The contract of employment can be orally agreed, there is no need for a written contract. However, to clarify the position, employers are obliged to send employees a written statement of terms within 2 months of starting employment (whether the contract is oral or written). If the contract is written, then usually the employer will send the actual contract, which will include all of the required information from the written statement of terms (and so there is no need to send both).
In response to the OP, if the employer has agreed to pay overtime, then he should pay the overtime. As you don't have a written contract of employment, your terms will basically be what you have agreed orally and any terms implied by statute and possibly custom and practice (therefore if the employer usually pays overtime, there could be an argument that this is implied into your contract too). To resolve the situation you could possibly talk to your employer about this informally (pointing out to him what was agreed and how you feel) and if this doesn't solve the problem, raise a formal grievance (then if you do leave the company, you stand in a good position to claim the money back).