Overtime query

toptip

Hi all

I'm hoping that someone might be able to answer a problem with my current employer. Last month I was offered a couple of Saturday shifts at work, and as they were outside my contracted hours, these would be paid at double time.

My monthly wage was paid yesterday and included the 2 overtime shifts, but I was surprised to find that 1 shift was at double rate as expected, but the other was at single rate.

I questioned this with my manager, and after a couple of phone calls she told me that on one of the weeks I did overtime I also had a day as holiday. As I'm contracted to work 37.5 hours a week before overtime rate applies, and on the week with a days holiday I only "worked" 30 hours, the overtime is only single rate.

So the question is........is this right? And if it is, can I not claim that the overtime was offered under false pretences?

Thanks in advance.

Phil_68

This should be covered in your contract. The common ones are as follows:

Overtime will be paid at x amount after y amount of hours worked in a week.

Overtime will be paid at x for any work on y days worked outside your normal working week.

Have you got anything to refer to? Have you done overtime before and how was that paid?

We can't guess what you know, but can advise on what you provide

Phil.

paddedjohn

What does it say in your contract about overtime rates?Sounds like they are making things up as they go along since the holiday you had should still be classed as part of your hours.

toptip

Thanks for your input all.

My contract states that where overtime is available, an employee will be paid at 1.5 x standard hourly rate. The double time was offered as an additional incentive due to needing "all hands on deck"!

My contract only refers to contracted hours being 37.5 hours per week, and that I have a holiday allowance of 22 days plus stats.

Previous overtime has always been at the 1.5 rate, but it's been so long since we did overtime that I can't remember if this situation has come up before.

Phil_68

So you need to be able to prove that fact, a verbal contract is just as valid as a written one, but proving it is harder.

As you have been paid at the higher rate for one lot, then your proof is easier to back up your claim.

Have a gentle discussion, outlining your grievance.

Phil.