Contracted Overtime not payd

engmarek

First, sorry for my Engliosh is not perfect. Dear Sirs, my contract states, that overtime is not paid. 

On the other hand I was forced to do overtime and it is everyday the same for over 1,5 years 16 months (36.5 hours + 3.5hours overtime per week) - every day the same lenght of time. This made this OVERTIME CONTRACTUAL. CONTRACTUAL OVERTIME is having status of CONTRACTED HOURS. Now Contracted Hours are higher than the ones I have in my contract for work.

Question is, if my overtime is CONTRACTUAL OVERTIME = HIGHER THAN IN CONTRACT CONTRACTED HOURS, can I claim some compensation even if the contract states there is no additional salary for overtime. From my perspective this constant overtime is also hitting annual leave, as I am not getting additional days as I would be working contractually 40 days per week, and my annual leave is only as per 36.5hours. Please advice if I could claim some compensation from my employer. 

Thank you. 

M

penners324

No. You're salaried employee. No overtime due.

EnPointe

are you  hourly paid or Salaried? 

what  does your contract or summary of terms ( or the collective agremeent in a unionised workplace) say about overtime  ?

engmarek

“It is Salary / monthly paid
Your salary is £ XX per annum M”

“Your normal working hours are Monday to Thursday 9:00am to 5:30pm, Friday 9:00am to 4:30pm with an hour for lunch. Due to the demands of the business, it may be necessary to work additional hours as necessary to carry out your job effectively. You will not be entitled to any additional payment for any overtime worked.”

If this working hours we see that Contract states is 36,5 hours per week

but after signing the contract I was forced to work 40h per week and this is already for 16 months. I was afraid of debating it, as I might loose my job. Now I have submitted resignation and now would be easier to debate it / claim it. As the pushed by employer overtime is outside of the fixed required working hours and are constant for over the year - then overtime has legal signs of “contractual overtime” which I have red could be treated not as overtime but as change of the base working time. Is this change of the base working time should not be treated pro-rata extra paid ? 

I am taking all the prinstscreens of submitted and accepted time cards - and thinking how should I claim contractual overtime - please support me on this with some legal support

Thank you all for your help
M

EnPointe

engmarek said:

“It is Salary / monthly paid
Your salary is £ XX per annum M”

“Your normal working hours are Monday to Thursday 9:00am to 5:30pm, Friday 9:00am to 4:30pm with an hour for lunch. Due to the demands of the business, it may be necessary to work additional hours as necessary to carry out your job effectively. You will not be entitled to any additional payment for any overtime worked.”

If this working hours we see that Contract states is 36,5 hours per week

but after signing the contract I was forced to work 40h per week and this is already for 16 months. I was afraid of debating it, as I might loose my job. Now I have submitted resignation and now would be easier to debate it / claim it. As the pushed by employer overtime is outside of the fixed required working hours and are constant for over the year - then overtime has legal signs of “contractual overtime” which I have red could be treated not as overtime but as change of the base working time. Is this change of the base working time should not be treated pro-rata extra paid ? 

I am taking all the prinstscreens of submitted and accepted time cards - and thinking how should I claim contractual overtime - please support me on this with some legal support

Thank you all for your help
M

1. What part of  "You will not be entitled to any additional payment for any overtime worked"   has escaped you
2. Your pay has been quoted as an annual sum , not an  hourly  rate.
 

General_Grant

What is your actual annual salary as paid?

amanda1024

I think unless this means the hourly pay falls below the statutory minimum wage, there’s probably not much you can do

engmarek

1. What part of  "You will not be entitled to any additional payment for any overtime worked"   has escaped you
2. Your pay has been quoted as an annual sum , not an  hourly  rate.
 

Dear EnPointe, I understand the sentence but this in my understanding is related to Sensus stricte overtime. Overtime that becomes a constant order of additional equal time added has simptoms of change of the contract base and is becoming contractual overtime which is understood as base time change - and the basic time = base change should be treated as pro rata raise of base salary. Am I getting it right ?

engmarek

General_Grant said:

What is your actual annual salary as paid?

Please explain your question. Are you asking for figure / quote ?

engmarek

General_Grant said:

What is your actual annual salary as paid?

Please explain your question

Savvy_Sue

amanda1024 said:

I think unless this means the hourly pay falls below the statutory minimum wage, there’s probably not much you can do

This, except that holiday pay ought to include overtime. However, if the leave allowance is more than the statutory minimum, the employer may already be covered for that too.