overtime deduction due to sick

pp1308

Hello everyone!

I was sick on tuesday after bank holiday, when I get back to work on wednesday I recieved a payslip from previous week and it was short of 1.5 hour of overtimes. When I asked my supervisor about that, he found out that if we had an early finish on friday (it happens sometimes, we dont have to clock out and they are paying us till 5pm) and I was off sick first day after weekend Im not geting paid till 5pm but till the hour we left so till 3.30pm. Funniest thing is that we are getting weekly pay, first day at our work saturday if we have overtimes, last one is friday so basicly I lost my bonus from this week, overtimes from saturday will be counted as basic hours and moreover they took 1.5 hour of overtimes from previous week.

Is that even legal? I didn't found anything about that in my contract.

Savvy_Sue

I can't quite follow what has happened, but I believe that it is not uncommon for overtime only to be paid if you have actually WORKED more hours than you are contracted to do.

so if your regular hours are 35, but you normally work 3 hours overtime, then if you worked those 3 hours and then went sick for a day, you wouldn't have 'worked' 35 hours, therefore no overtime.

sangie595

Yes - I am similarly having a little difficulty untangling this, but as a general rule it is the norm that overtime does not exist until one has actually worked the contractual hours, so any period of leave wouldn't be counted as working.

And I think, but I'm not sure about this, that you seem to be saying that your working week is Monday - Friday, with no work on Sunday. That would make the week Monday to Sunday ( non working days are included).

JReacher1

I think you are saying that you are meant to work until 5pm on Friday but left at 3:30pm (as work occasionally lets you do). Normally they pay you as if you worked until 5pm but because you took a day off sick they have penalised you by only paying you for the hours you actually did e.g. to 3:30pm.

I am not too sure the legalities of this as technically you haven't worked these hours. It will depend on what your contract says.