'Time Owing' and redundancy

Marshall_Bravestar

When I was made redundant recently I had worked over 100 hours above my contracted hours as part of a company 'time owing in lieu' system. For example, if I worked four hours extra I took them back at a later stage by finishing early.

When I was made redundant (complusory, not voluntary) the company has refused to reimburse me...does anyone know if they are allowed to do that?

jazzyman01

Is there any written agreement to payment if you cannot take time off in lieu? IS there a written agreement that time worked can be taken in lieu of extra hours worked? Do you have documentary evidence to support the additional hours that you have worked?

Marshall_Bravestar

In answer to your queries:

Is there any written agreement to payment if you cannot take time off in lieu? IS there a written agreement that time worked can be taken in lieu of extra hours worked? The answer to both is 'I don't know' as it is not covered in the T&C of employment but it has been a standard procedure for all staff in the 4 years I worked there and was a part of the induction given by my line manager

Do you have documentary evidence to support the additional hours that you have worked? Yes, every hour taken and owed is recorded.

getmore4less

Check with ACAS

I would gather all the evidence I could.

emails,
log books showing hours owed*,
evidence you have taken time off using over time in the past
statements from workers that the system is in place

to put a case together, seek some legal advice.

Give them another chance to make the payment.
Ask a tribunal to take a look and make a judgment.

watch the time limits for claims.

Costs nothing but some time even if you lose the company will.


Had you used any of your holiday allowances?,
Always use time owing before normal holiday.


* a data access request might help here

Marshall_Bravestar

Thanks. I have the log books showing what days I worked late, how many extra hours I did, why I worked late, days I finished early etc. Ordinarily the balance would not be over 100 hours but we have been severely short-staffed in the past 9 months and I did what I had to.

The system has always been in place so I don't understand why there is an issue with it now

Ewarwoowar2

Ideally, you need proper legal advice. Have a look in your home contents insurance to see if you have insurance that covers such fees.

If you don't have insurance, your next port of call would be the Citizen's Advice Bureau. Google for the nearest branch to you.

From what you said, it sounds like you have a good claim. Beware of time limits. You have to make a claim within three months of leaving the company so take advice sooner rather than later.