Advice on change of overtime policy

sarah861421

hi   I work for NHS in admin, and I work 1 weekend in 4 ( happy with this ).    I used to get paid 1.3 for the Saturday & 1.6 for the Sunday ( happy with this ).   However this did mean that I worked for 12 days in a row which was hard but I coped.     This has now been changed.   
If I work a weekend, I wont get paid at all for the Saturday but must take a day off during the following week ( tuesday or wednesday ), 
This has been done in the name of Mental Health but it means that I work a Saturday that I dont want to for the same pay as a weekday,  I cant store up my days for future, but must use it with in the following week

I feel that this is immoral but is it Legal?    

Bradden

I think it's a failry common policy for companies to pay the same stardard rate for hours rgardless of whether it's the weekend..
You say you wont get paid for the Saturday? Surely they will still pay you but rahter than this being classed as overtime they want to give you some time off work if you are covering a weekend.. this seems reasonable if it's part of your regular work pattern.


I think that as long as they follow they legal process with regards to chaging your contract then it's legal. I appreciate you may prefer to be paid overtime rates for weekend working but the company are within thier rights to give you a day off instead.. and it actually sems quite decent of them to consider your work/life balance... and saves the NHS budget to spend elswwhere.

getmore4less

its been a while since I looked at the rules for a specific person that was dies unsocial hours rates.

That might be against A4C rules if the job fall under that regime.

What is the pay rate for a normal hours Sat and an overtime Sat.

Does the grade fall into unsocial hours for regular hours?

If a regular Sat still gets enhanced rates then you should get that rate for working a Sat.

what they are doing is dropping the Sat as OT and just making it normal hours.

if they are trying to put it through as a regular day and not a Sat then that is wrong. 

https://www.nhsemployers.org/employershandbook/tchandbook/afc_tc_of_service_handbook_fb.pdf

section 2?



It may have changed to a pay enhancement for regular unsocial hours rather than a by hour payment.

74jax

sarah861421 said:

hi   I work for NHS in admin, and I work 1 weekend in 4 ( happy with this ).    I used to get paid 1.3 for the Saturday & 1.6 for the Sunday ( happy with this ).   However this did mean that I worked for 12 days in a row which was hard but I coped.     This has now been changed.   
If I work a weekend, I wont get paid at all for the Saturday but must take a day off during the following week ( tuesday or wednesday ), 
This has been done in the name of Mental Health but it means that I work a Saturday that I dont want to for the same pay as a weekday,  I cant store up my days for future, but must use it with in the following week

I feel that this is immoral but is it Legal?    

When you say you won't get paid at all, do you mean they are not paying for the saturday in any way? So you work the Saturday, take the Wednesday off and they also reduce your pay by 1 day?

I would argue you are due to be paid for the day you are taking off in leiu.  Personally I also think you should be paid the .3 (overtime) together with the Wednesday.
I can't see why anyone would work a day to have it not paid. 

sarah861421

Ok  slightly badly worded.    I work the Saturday, but take the Wednesday off as TOIL   ( time off in lieu )
I suppose I am just miffed because I now have to work a Saturday ( for no extra pay ) , take a Wednesday off ( which I dont want ) 

Bradden

I've re-read the OP and am a little confused? Are they reducing your contracted hours or changing your shift pattern? 

sarah861421

Neither

I am contracted to work 37 hrs  per week, plus overtime as seen necessary
I used to work a weekend, Saturday at 1.3 x hourly rate & Sunday 1.6 x hourly rate
This has changed to Saturday swapped for a day off during the week, Sunday at 1.6 etc

Each time I write this I realise how petty it sounds

getmore4less

That Sat should still have the enhanced Sat rate if that applies to Sat working.

Looks like they are trying to diddle you by using TOIL and paying for a weekday.

Manxman_in_exile

getmore4less said:

That Sat should still have the enhanced Sat rate if that applies to Sat working.

Looks like they are trying to diddle you by using TOIL and paying for a weekday.

I agree.  I don't know what relevant changes (if any) have been made to T&Cs since I left the NHS 9 years ago, but I'd have thought the OP should definitely be entitled to be paid the enhanced rate for working on a Saturday - assuming an enhanced rate is still applicable nowadays.

(I must admit I'm still a bit confused by the OP and the thread title mentioning overtime?  I'm not sure overtime has anything to do with it?  If the OP works a Saturday or a Sunday they should receive the appropriate enhancement.  But if working overtime at the weekend they only get the overtime enhancement - not both).

OP - I hate to ask, but what does your union say? 

Manxman_in_exile

sarah861421 said:

Neither

I am contracted to work 37 hrs  per week, plus overtime as seen necessary
I used to work a weekend, Saturday at 1.3 x hourly rate & Sunday 1.6 x hourly rate
This has changed to Saturday swapped for a day off during the week, Sunday at 1.6 etc

Each time I write this I realise how petty it sounds

It's not petty.  If you are entitled you are entitled.  Nothing wrong in asking for clarification.

sarah861421

thankyou for everone's advice and thoughts.    I think I will mention to the union for their advice