unfair overtime rate??

mel48rose

Hi, I work part time in a nursing home (24 hrs a wk). There are 2 of us that are part time contracted the others are full time (40 hrs a wk). Due to the high number of agency staff having to be used to fill shifts our manager has said that anyone doing more than 160 hrs a month will be paid at time and a half. This seems unfair to both me and the other part timer. The manager has said that we both have to also work 160 hrs before any overtime rate is paid even though we are only contracted for 96 hrs a month. She will not budge on this and i think it looks like discrimination. Could anyone offer any advice please?

sangie595

No it isn't discrimination. It is actually common. Part-time staff are generally not paid overtime premiums until they have worked the equivalent of full time hours. Otherwise every member of staff would decide to go part-time to get the premium after working 5 hours!

Takeaway_Addict

mel48rose wrote: »

Hi, I work part time in a nursing home (24 hrs a wk). There are 2 of us that are part time contracted the others are full time (40 hrs a wk). Due to the high number of agency staff having to be used to fill shifts our manager has said that anyone doing more than 160 hrs a month will be paid at time and a half. This seems unfair to both me and the other part timer. The manager has said that we both have to also work 160 hrs before any overtime rate is paid even though we are only contracted for 96 hrs a month. She will not budge on this and i think it looks like discrimination. Could anyone offer any advice please?

Can you not see the ridiculousness of your arguement?

getmore4less

That's the fare way to do it, base rate till full time equivalent then overtime rate.

if they did it your way all the full timers would get less pay for the same hours how would that be fair?

What you should ask for is the extra holiday for extra hours upto the full timers holidays.

ohreally

Op you need to step back and think for a moment.

This ain't discrimination.

YouAsked

Have to say, when I worked part time, I felt the same! If you look at it logically though, it really doesn't make sense.

From the company's point of view - if you're all on £10 per hour then for a full timer to work a 40 hours week it is 40 x 10 = £400. For you to work a 40 hour week it would be 24 x 10 PLUS 16 x 15 = £480. So they're paying some individuals more to get the same output.

Then you've got the full timers' point of view - they work full time so have reduced "free" time so to reduce that further they're going to be left with very little time to do anything other than work. Whereas if you worked an extra 10 hours AND got time and a half for those hours, you're working less than they are, getting paid more and have more "free" time.

(Yes I know we've all got differing commitments so free time isn't always "free", but the principle remains...)

LMH67

This is perfectly normal. Having worked several contracts in the past few years that did actually pay overtime, I only ever got time and a half when I reached 40 hours which was the full time week. I worked a few extra normal pay hours on weekdays occasionally (office work) but declined overtime on the weekends for this reason.

marliepanda

I think this is a 'can't see the wood for the trees' situation.

It makes no sense.

You work 24, they work 40.

On your scenario, you could work 36 hours and get paid for 40, where they would have to work 40 to get paid for 40. That's hardly fair!

ScorpiondeRooftrouser

mel48rose wrote: »

i think it looks like discrimination. Could anyone offer any advice please?

New glasses.

agrinnall

mel48rose wrote: »

i think it looks like discrimination.

Even if it is discrimination, which is doubtful, it seems very unlikely that it would be illegal discrimination i.e. in breach of the protected characteristics:

https://www.fpb.org/business-support/equality-act-2010-protected-characteristics-and-types-discrimination

FBaby

Have they offer you to do more hours at the same rate? Because it would be silly for them to pay the full-timer more if they could just pay you normal rate to do extra hours, but I expect you were not prepared to do that, hence why they had no choice but to incentive the FT workers.