Double time for Bank Holidays

Hotglove

My employment contract states that payment for working overtime on Bank Holidays is, “Double time plus a day off in lieu”
For many years this has been interpreted to mean, “Double time plus a day off in lieu in addition to scheduled salary”
Now management are saying that they are going to change this as, “You have already received your schedule salary, so single time on top plus a day off in lieu will satisfy the contract”
If we take 3 employees as an example, A does not work on the Bank Holiday, B works from 08.00 to 16.00 and C works from 16.00 to 24.00
A receives his schedule salary
B receives his schedule salary plus 8hrs single time and a day off
C receives his schedule salary plus 8hrs double time and a day off
It seems that for A and C they receive 8hrs pay as part of their annual salary, but for B the first 8hrs is counted, not as annual salary, but as, “8hrs overtime at single time” surely it is either one or the other, and cannot be both?
Alternatively, B has received “8hrs overtime at double time plus a day off” which complies with the contract, but the Company have then deducted 8hrs from his annual salary.
I know that plenty of people are worse off and are bullied into working terrible hours for very low pay, but, setting that aside, any views on the legal position?

shortcrust

This may as well be written in Japanese for me.

ohreally

Involve trade union as this is a dilution of your terms of employment. What do they turn their attention to next if this goes unchallenged?

z1a

They're right, up to now you've been paid treble time + a day off.

theoretica

If I work on a bank holiday I get a day off in lieu. The bank holiday is being paid at my normal/single time rate through my scheduled salary. An extra day's pay would take this up to double time. So I agree with your employers that 8 hours extra pay takes you up to being paid double time and a day in lieu as stated in your contract.

You could try arguing that through custom and practice they had been paying you triple time for working bank holidays and this should continue, but I would expect your employers to resist.

getmore4less

C has been getting paid triple time.

The TOIL is a red herring you are just not using a days holiday to get paid for a day you don't work.

nicechap

Hotglove wrote: »

My employment contract states that payment for working overtime on Bank Holidays is, “Double time plus a day off in lieu”
For many years this has been interpreted to mean, “Double time plus a day off in lieu in addition to scheduled salary”
Now management are saying that they are going to change this as, “You have already received your schedule salary, so single time on top plus a day off in lieu will satisfy the contract”
If we take 3 employees as an example, A does not work on the Bank Holiday, B works from 08.00 to 16.00 and C works from 16.00 to 24.00
A receives his schedule salary
B receives his schedule salary plus 8hrs single time and a day off
C receives his schedule salary plus 8hrs double time and a day off
It seems that for A and C they receive 8hrs pay as part of their annual salary, but for B the first 8hrs is counted, not as annual salary, but as, “8hrs overtime at single time” surely it is either one or the other, and cannot be both?
Alternatively, B has received “8hrs overtime at double time plus a day off” which complies with the contract, but the Company have then deducted 8hrs from his annual salary.
I know that plenty of people are worse off and are bullied into working terrible hours for very low pay, but, setting that aside, any views on the legal position?

Is option B scheduled work and Option C overtime?

Is this hypothetical situation related to your other thread about not being paid overtime?

https://forums.moneysavingexpert.com/discussion/5952761/refusal-to-pay-overtime-that-has-been-worked-unlawful-or-just-sharp-practice

I agree with ohreilly, this would be best resolved via your union. If you're not in a union, use the saved fees to see a lawyer.

getmore4less

Missed the bit that overtime is double time on a BH.

If it is overtime there is no normal pay.

What does the contract say for normal scheduled pay for a BH.

Undervalued

Hotglove wrote: »

My employment contract states that payment for working overtime on Bank Holidays is, “Double time plus a day off in lieu”
For many years this has been interpreted to mean, “Double time plus a day off in lieu in addition to scheduled salary”
Now management are saying that they are going to change this as, “You have already received your schedule salary, so single time on top plus a day off in lieu will satisfy the contract”
If we take 3 employees as an example, A does not work on the Bank Holiday, B works from 08.00 to 16.00 and C works from 16.00 to 24.00
A receives his schedule salary
B receives his schedule salary plus 8hrs single time and a day off
C receives his schedule salary plus 8hrs double time and a day off
It seems that for A and C they receive 8hrs pay as part of their annual salary, but for B the first 8hrs is counted, not as annual salary, but as, “8hrs overtime at single time” surely it is either one or the other, and cannot be both?
Alternatively, B has received “8hrs overtime at double time plus a day off” which complies with the contract, but the Company have then deducted 8hrs from his annual salary.
I know that plenty of people are worse off and are bullied into working terrible hours for very low pay, but, setting that aside, any views on the legal position?

The legal position is very simple, there is no right to any additional pay for working bank holidays or any right to have them as leave unless it suits your employer!

So any rights you may have are contractual. All you can do is read the contract very carefully and if you feel the employer is not complying raise a grievance, if you feel that is in your best overall interest.

Hotglove

My examples of B and C are both overtime working, on identical tasks.
One receives double time plus schedule salary, the other single time plus schedule salary.
Example A stays at home, both B and C go into work to carry out identical tasks, the value of that work to the company is identical, but one gets double time more than the guy who stays home, the other gets single time more than the guy who stays home.