Employer no longer paying for overtime

loopyblonde

Hi,

Hopefully I'm posting this in the right place. I don't know if anyone can help..

My husband works for a small firm with only 5 employee's. His boss has been using the recession as an excuse for treating them badly at work, he keeps threatening their jobs saying there's no profit being made and that the business may fold etc etc while still managing to go on holiday with his family and have an extention done to his house!

This week he has written a letter to the staff saying that he can no longer pay them overtime due to the current economic climate and that he has had to drop his prices and for the business to break even he has had to make this cut. However, he still expects them to do the overtime!!!! He hasn't offered time off in lieu or anything.

Due to the driving nature of the work they have to travel long distances and so have to work overtime quite often if the job is a big one or they get held up for another reason.

It is in my husband's contract that any work over 40 hours is paid as overtime.

Surely what his boss is doing is ilegal??, my husband is scared to speak up in case he gets sacked (or made redundant) as his boss has done this in the past to people who dare to argue!!

Does anyone know what his rights are? Can his boss stop paying for overtime but still expect them to do it?

Horace

As I understand it, an employee does not have the right to paid overtime and overtime is something that an employer may allow. If your HB has received a letter from his boss advising that overtime will not be paid.

I think that without knowing the full contents of the letter nor the whole details of the contract then he is best speaking to ACAS (https://www.acas.org.uk)

loopyblonde

Thanks Horace for the website link.

The problem is that his employer still expects him to do the overtime as and when it's needed but wants him to do it for free and not pay him for it at all, not even single rate.

boydE

loopy

I do feel for your husband, but and this is a big BUT. He still has a job.
I know this is not right but I personally would do it until the economy picks up again.
I have had an overtime ban for 2 years, also I have been working 3 days a week lately.
It does make you think if they are genuine or not or using the economy to bully staff, aint alot you can do unless of course he finds another job.

still worth checking with acas though.

Fishcakes_2

AFAIK if your husband has a contract which states ot will be paid then clearly he is entitled to it. The boss sounds like a right creep and finding a new job would probably be the best course of action here ( easier said than done I know!). If the boss refuses to pay ot then he is effectively breaking his contract with your husband and therefore your husband should confront him and tell him he is in breach of contract and will file for constructive dismissal (assuming hubby has been there 2 years) and sue him. The fact there is a recession on is no excuse to walk over people like this. It would be different if the boss treated them well and asked them nicely to help do a bit extra to help the firm pull through the tough times but he just sounds like a bit of a bully. Like you say he's off on holidays and getting expensive work done on his house, he obviously doesn't want to suffer but expects his workers to! I would contact CAB for advice if your hubby is forced into unpaid overtime. People need to stand up for themselves!

Pound

How much does he earn on 40 hours out of interest? In a job I worked in they forced people to work unpaid overtime and it ended up they were working for less than minimum wage!

If he's not on a high wage the NMW Unit of the Inland Revenue might be interested. Although they can't do anything about unpaid overtime.

loopyblonde

40 hours is his standard week, but yes, he and his workmate have worked out that if they do a day where they do 6 hours overtime (so working 4am - 8pm which happens quite often!) they will be earning less than minimum wage that day.

*Vikki*

Mine is playing also on the 'lucky to have a job, so shut it' thing too, really annoying. Good luck with it all! x