i worked Xmas Eve & New Years Eve, but still got same rate of pay

maz_student

What would you do if you were me? Should I keep my mouth closed? Or, shall I stand my ground and see what I am entitled to....

Background:
I managed to find myself a temporary Christmas job in a shop, getting paid £6.50 per hour.

• I worked on Xmas eve, but will still be getting the same rate of pay
• I worked on New Years eve, but will still be getting the same rate of pay
• The shop was open for extended hours (for a couple of weeks -- because of Xmas trading reasons). I was working until 8pm, so it's classified as 'overtime' (is it not?!), but I still got the same rate of pay. (I got my payslip recently. The salary was not reflective of the hours I worked).
  

Trying to solve the problem:

• I have not yet raised this with my manager (He's good with words and can talk his way out of things)
• I want to do Background research, and see what's in-line with or against the law, but most importantly, what im entitled to as an employee within a retail environment.
• I will only talk to him after i'm clue up on these facts!

What i've found online (not much!)

1. Apparently, companies are not obliged to give a higher rate of pay to people working on particular days (i.e. Xmas eve or New years eve).
   Can someone please confirm the accuracy of this?? :eek:
2. Most online places/people say that if an employee is in this situation, they should go and speak to their union.
   The problem is I dont belong to any unions. Is there some kind of place which supports retail employees where I can go to for advice?

This is what im not sure about:
When I attended the interview, my manager made it clear that I will have to work longer hours, and that I might have to work on Christmas Eve or New Years Eve. I said I was fine with this, because I was. I didn't know I was going to be shortchanged :rolleyes:
Im pretty sure he'll say something like "I already told you about this in advance".
So he can argue and say that it technically isnt "overtime" if he's told me about it in advance.

Im sure im not the only person in this situation. I have no idea of how to go about this with diplomacy . Thanks for reading and I appreciate any and all comments :A

scubaangel

What does your contract say?

Mine for example does not give allowances for working those days but Bank Holidays I would be entitled to 'TOIL', although its common for many employers to pay extra to staff working dates like Xmas Eve and New Year they don't have to - and this should have been clarified before hand (did you ask at interview what the rate of pay would be for those days?).

ETA As for over time....what hours were you contracted to work, generally its a total of x hours per week or month but theres nothing to say you have to do them in 3, 4, or even 2 shifts if fesible.

Anihilator

Absolutely nothing states that overtime or that xmas eve/ NY eve should be paid at an enhanced rate.

You know what they say about Assume. except here its more Assme

nuttyp

hi, xmas eve and new years eve arent bank holidays, so i personally wouldnt have expected additional pay for working them. As for additional hours, that depends on your contract, mine is same rate across the board, reguardless of how many hours i do.

Blackpool_Saver

Yes, when I worked those days overtime kicked in at midnight on both days.

maz_student

scubaangel wrote: »

What does your contract say?

Mine for example does not give allowances for working those days but Bank Holidays I would be entitled to 'TOIL', although its common for many employers to pay extra to staff working dates like Xmas Eve and New Year they don't have to - and this should have been clarified before hand (did you ask at interview what the rate of pay would be for those days?).

ETA As for over time....what hours were you contracted to work, generally its a total of x hours per week or month but theres nothing to say you have to do them in 3, 4, or even 2 shifts if fesible.

I dont have it at hand, but from what i can remember, it basically says that we would be expected to work extra hours should the company require us to do so.
The thing is, they made me rush when it came to signing the contract. I wanted to take it home with me and bring it the next day, the head said no. lol. :S
They didnt discuss the rate of pay regarding the overtime.
The contract clearly says that my rate of pay is £6.50

I just dont want to cause a scene. But i want to raise it because im not the only one who has this opinion.

ohreally

For OT to be applicable, its normal to exceed whole-time equivalent hours before attracting pay enhancements - unless your contract allows differently.

Fluffi

Hi Maz_Student ... as others have said there is no entitlement to higher rates of pay on Bank holidays, Sundays or any day at all (neither Christmas Eve or New Years Eve are not Bank holidays anyway).

What date did you actually get paid? Are you paid monthly? The reason I ask is because you might have done your overtime too late for it to be paid in Decembers pay packet. For example if you get paid on the 28th normally the cut-off date for payroll to be notified about overtime might be the 20th (or earlier) and therefore you may see your overtime in the following pay packet.

That is assuming that you are entitled to paid overtime. Its possible when your manager talked about extra hours he really meant "unpaid" extra hours which are totally legal as long as your average pay per hour does not fall below the national minimum wage.

kingfisherblue

You do not have the right to a higher rate of pay for working Christmas Eve and New Year's Eve - as someone has already pointed out, they are not Bnak Holidays. Furthermore, they are normal working days, especially in retail. If you wanted a higher rate of pay (and I doubt if you would have received it), you should have negotiated that at interview. Of course, this may have meant that the job was offered to somebody else.

Regarding the overtime, again, you are not automatically entitled to a higher rate of pay. Many people work until 8pm or later without any additional pay. It is part and parcel of being in the retail trade.

You seem to think that you are entitled to more - sorry, but you are not, unless your contract specifically states this. I think you will just have to accept that you have been paid correctly (unless your contract says otherwise)

maz_student

Fluffi wrote: »

Hi Maz_Student ... as others have said there is no entitlement to higher rates of pay on Bank holidays, Sundays or any day at all (neither Christmas Eve or New Years Eve are not Bank holidays anyway).

What date did you actually get paid? Are you paid monthly? The reason I ask is because you might have done your overtime too late for it to be paid in Decembers pay packet. For example if you get paid on the 28th normally the cut-off date for payroll to be notified about overtime might be the 20th (or earlier) and therefore you may see your overtime in the following pay packet.

That is assuming that you are entitled to paid overtime. Its possible when your manager talked about extra hours he really meant "unpaid" extra hours which are totally legal as long as your average pay per hour does not fall below the national minimum wage.

Yes, we get paid monthly.
I did think about what you've already said, but I have worked a lot of hours, and I thought id be getting more.

Thanks for all the replies so far :j

rupee99

maz_student wrote: »

Yes, we get paid monthly.
I did think about what you've already said, but I have worked a lot of hours, and I thought id be getting more.

Thanks for all the replies so far :j

Unfortunately, for you, unless you agreed something else in adavnce there is no entitlement for an enhanced rate of pay. You contracted with them at £6.50 an hour and that is what they are obliged to pay you for all hours on whatever day they were worked, irrespective of when or if they were "overtime."

Legislation provides for things like minimum wage, holidays and maximum working hours, but in most circumstances is silent on whether or when you should receive enhanced rates. Therefore it will go back to your contract of employment, if you do not have any written terms it will be what you and the person who took you on agreed. Unless you can prove that s/he explicitly said that you would be paid more for overtime and working on certain days then you are not likely to be entitled to it.

A contract of employment is just like any other contract, it is based on an offer acceptance and consideration. The latter means, basically, you work and they pay, apart from the narrow things mentioned above anything else is what you agreed at the outset.