not allowed overtime

mo1_2

im in a redundancy siuation,but the firm i work for is still offering overtime and has been since november,my manager woudnt let me do overtime as i am limited to what i can do,because of a mastectomy,but when i go in work on a monday someone has been working overtime on my job,while i wasnt allowed to,the problem with this is apart from the obvious,that overtime payments count towards redundancy payment,any thoughts anyone?

aj1302

I had the same kind of situation - but not being made redundant thouhg. My manger stopped my overtime but continued to allow everyone else in the team to do it. I contacted my union and they said they can do that. Overtime is considered a Perk and not statatory, therefore, they can stop you doing it if they wish, even if someone else is still doing it.

LittleVoice

mo1 - You are not losing out in relation to statutory redundancy pay because a week’s pay does not include overtime pay unless the overtime was regular and compulsory. (Of course, your company may have a better scheme in place which does include overtime pay.)

mo1_2

the redundancy package is calculated on your weekly income so the more i earn the more r pay.

LittleVoice

aj1302 wrote: »

. . . Overtime is considered a Perk and not statatory, therefore, they can stop you doing it if they wish, even if someone else is still doing it.

Just wondered whether actually it could be seen as victimisation?

Questions for the OP:

(a) Is the work that is done on your job at the weekend all that is being done by the person who does it or would they also be doing things that you can't do? Is that the justification that the company would have?

(b) Is the person who is doing that weekend work, not going to be redundant at the same time as you? Are they paid less an hour than you? There could be commercial/financial reasons (other than keeping your redundancy pay down) for using someone else to do the work.

If the answers are that the person is doing only work that you could do and they aren't more costly to employ than you, then it does look more "personal". Do you want to set the grievance procedure in train which could then involve your manager's manager and flag up the personal nature of the barring from overtime.

debsy42

What a 'week's pay' means

The amount of a week's pay to be taken into account is the amount you are entitled to under the terms of your contract of employment on the 'calculation date'.

The calculation date for your redundancy payment will generally be one of the following:

*
The date you were given the minimum notice required by law. This notice is usually one week for each year of service up to a maximum of 12 weeks.
*
If the notice you received was longer than this minimum, the date on which minimum notice would have had to have been given to end your employment on the same day as it actually ended.
*
The date the job ended, if you were not given notice or were not given enough notice.

If you had normal working hours and your pay did not change, for example with the amount of work you did, your week's pay is simply your basic weekly wage or salary. Overtime earnings are not included unless overtime was part of your normal working hours.

http://www.dti.gov.uk/employment/employment-legislation/employment-guidance/page15686.html#What_are_the_payments

LittleVoice

Hi, debsy42

I believe you have given the statutory redundancy pay details - which is what I was referring to earlier. I had interpreted the OP's response to that as meaning her company had a better scheme as there was no indication in it of a maximum weekly amount (as there is with statutory redundancy pay). Perhaps I shouldn't have made that assumption.

debsy42

Sorry, I wasn't trying to have a dig at anyone, it's just that I was made redundant myself recently so I'd had a nosey at the regulations recently

mo1_2

redundancy payment were i work are calculated on our best 13 week period.hence the need to work overtime to boost my wage over that period,this is what has been agreed by our union

mo1_2

quote.If the answers are that the person is doing only work that you could do and they aren't more costly to employ than you, then it does look more "personal". Do you want to set the grievance procedure in train which could then involve your manager's manager and flag up the personal nature of the barring fr om overtime.


thanks little voice,the person doing my overtime is doing the onlyh work i can do

tanith

I just wonder if stopping your overtime has something to do with 'being on light duties' in my previous job we were not allowed to do any overtime whilst offically on 'light duties' . This was to do with if not fit enough to carry out full duties then they did not see that you should be working more than your statutory hours till you are completely fit again... just a thought mind....