How much I should be paid?

columb

Hi,

Sometime ago I was asked to do some overtime. I'm salaried worker , 7,5h Monday-Friday +1h unpaid lunch.
Basically, company lost core servers and someone had to recover them + recover data etc.

So My normal shifts Mon-Fri finished at 4.15 on Friday. Then I was called on Sunday 8AM if I can help - agreed, got back home 3PM same day (easy, OT for Sat 7H, didn't get lunch break).

On Sunday I was called again, this time at 9AM, agreed to do some work and I was working until 3.30PM on Monday. So Sunday, Sunday night and Monday until 15.30.

Now, I got paid for Sat OT + Sun OT minus 7,5h as I'm contracted to do 7,5h daily hence I should be at work on Monday. I was working Tue-Fri normally then.

Is that correct? Should I be deducted 7,5h from my OT payment?
Should I be offered time in lieu on top of that?

btw. there was no way I could go home earlier. My manager was working with us since 7am on Mon and before that was updated every so often about progress so he knew exactly how much I was working.

Thank you in advance.

kind regards
Chris

Oldernotwiser

You can't expect to get paid twice for the same hours.

How many hours were you actually paid for working 0900 Sunday to 1530 Monday - what about breaks?

columb

Oldernotwiser wrote: »

You can't expect to get paid twice for the same hours.

How many hours were you actually paid for working 0900 Sunday to 1530 Monday - what about breaks?

I had 2 breaks (1 around 2pm and around 8pm). As it is IT work, I had time for coffee and loo etc.

I was paid for 30,5H - 7,5h which is 23h.

Now, I have said at night -around 8pm and again 2am - that I want day off as a holiday for Monday but it was declined later on on Monday.

Thank you.

Chris

columb

One more thing which I've forgotten to add: should I be expected to work on Monday despite working since Sunday 9am?
Is there a law which says that I should have 11 hours break between shifts? Is OT considered as not a shift then?

As you can see I know very little about law

Thank you.
Chris

Thumper77

I agree that you can't expect to be paid twice for working the same hours. If you are contracted to work 7.5 hours on a Monday and you did work these hours then you should be paid for that as usual through your salary. The extra hours should be paid as overtime and it sounds like you have received that. As you agreed to the overtime, I'm unsure why you are asking for an extra day off. I can't help with the working hours query, although do I believe there is a law that states you are entitled to 11 hours rest between shifts and the shift you worked seems very long.

columb

Thank you. I think that my employer doesn't know what is doing so they have came up with that. I'm just checking.
And yes, thinking about it I shouldn't be paid twice for the same shift but when my shift ended/started?

Thank you very much.
Chris

Mudd14

The Working Time Regulations 1998 set out the basis for rest breaks, holidays, etc http://www.legislation.gov.uk/uksi/1998/1833/contents/made

Regulation 10 detailes the daily rest break required;

Daily rest

10.—(1) An adult worker is entitled to a rest period of not less than eleven consecutive hours in each 24-hour period during which he works for his employer.
(2) Subject to paragraph (3), a young worker is entitled to a rest period of not less than twelve consecutive hours in each 24-hour period during which he works for his employer.
(3) The minimum rest period provided for in paragraph (2) may be interrupted in the case of activities involving periods of work that are split up over the day or of short duration.

It may be worth checking in your contract that there is not a part which you have signed (or a seperate form) that states you have agreed to opt out of WTR 1998.

In regards to the overtime again is there anything in your contract? In my opinion you would only be paid an overtime rate when you excedd your contracted hours ie 37.5. And, some employers contracts state that overtime is unpaid if it does not become a regular occurance.