Can overtime pay be less than the standard hourly rate?

Jon_01

My wife works for a small private medical practice. She transcribes consultants clinics for referral onward.
She's been there 8 years, has a contract but the hours were changed a couple of years ago and no new contact was issued.

She's just found out that when she works over her weekly hours (she's contacted for 15 hours a week, but she normally does between 5 and 15 more), the hourly rate she gets is £1 less than her contracted 15 hour rate?  I realize that an employer has no need to pay more for overtime, but can they legally pay less?
Both rates are above the legal minimum (just).

She's only just become aware of this as they're not issued payslips! She's just asked for a few for pension reasons. And, yes, we know that's not right, see below...

The 'manager' isn't a manager, just a part trained accountant who has no idea what she's doing and gets VERY angry when challenged about anything. So we need to be sure of anything before bring it up with her!!

Thanks for any advice. . .
  

Flugelhorn

it is really up to her to negotiate her overtime rate, particularly if it is not in the contract ... TBH the old contract should stand with the change in hours as an amendment

employers don't have to pay the same or more, they just usually do ... unless it was the NHS when  I was a junior doc and we got paid 30% or normal rate  for overtime, thank goodness times have changed   

penners324

What does her contract say?

If the accountant is gets very angry, I suggest it's raised with the senior managers.

And she should get all payslips.

Have she checked her HMRC online account and pension scheme to ensure correct submissions are being made?

penners324

As a last resort a complaint can be made to the accountant's professional body. Accountants are expected to perform their work in a professional manner.

chrisbur

Does this take her below the minimum wage?

Undervalued

Jon_01 said:

My wife works for a small private medical practice. She transcribes consultants clinics for referral onward.
She's been there 8 years, has a contract but the hours were changed a couple of years ago and no new contact was issued.

She's just found out that when she works over her weekly hours (she's contacted for 15 hours a week, but she normally does between 5 and 15 more), the hourly rate she gets is £1 less than her contracted 15 hour rate?  I realize that an employer has no need to pay more for overtime, but can they legally pay less?
Both rates are above the legal minimum (just).

She's only just become aware of this as they're not issued payslips! She's just asked for a few for pension reasons. And, yes, we know that's not right, see below...

The 'manager' isn't a manager, just a part trained accountant who has no idea what she's doing and gets VERY angry when challenged about anything. So we need to be sure of anything before bring it up with her!!

Thanks for any advice. . .
  

Yes, as long as it is at least the national minimum wage (which you say it is)!

She might have a contractual agreement about the amount to be paid for overtime, in which case they should honour it. Technically the contract doesn't have to be in writing to be valid but good luck proving it if it isn't!

Undervalued

penners324 said:

As a last resort a complaint can be made to the accountant's professional body. Accountants are expected to perform their work in a professional manner.

But the vast majority of "accountancy" work can be carried out by anybody, qualified or not. Membership of the recognised bodies is not obligatory, so it is not like complaining about a dentist (say) to the GDC.

Penguin_

Jon_01 said:

My wife works for a small private medical practice. She transcribes consultants clinics for referral onward.
She's been there 8 years, has a contract but the hours were changed a couple of years ago and no new contact was issued.

She's just found out that when she works over her weekly hours (she's contacted for 15 hours a week, but she normally does between 5 and 15 more), the hourly rate she gets is £1 less than her contracted 15 hour rate?  I realize that an employer has no need to pay more for overtime, but can they legally pay less?
Both rates are above the legal minimum (just).

She's only just become aware of this as they're not issued payslips! She's just asked for a few for pension reasons. And, yes, we know that's not right, see below...

The 'manager' isn't a manager, just a part trained accountant who has no idea what she's doing and gets VERY angry when challenged about anything. So we need to be sure of anything before bring it up with her!!

Thanks for any advice. . .
  

She may wish to tell her employer that an employee should, by law, receive a payslip which shows at least:

• Earnings before deductions
• Total hours worked (if you're not salaried)
• The amount of any deductions made by the employer.

Jon_01

Thanks for the replies.  I've passed them on to her.

About the replies saying bring this up with her employer/senior managers/owners. The 2 consultant that own the company just aren't interested, that why they have this person in the roll that should be held by a practice manager and will always default to her...

penners324

Undervalued said:

penners324 said:

As a last resort a complaint can be made to the accountant's professional body. Accountants are expected to perform their work in a professional manner.

But the vast majority of "accountancy" work can be carried out by anybody, qualified or not. Membership of the recognised bodies is not obligatory, so it is not like complaining about a dentist (say) to the GDC.

The OP used the phrase 'part trained' which suggests a student with on the accounting bodies

DullGreyGuy

The legal requirement is minimum wage, overtime can be higher, the same or lower as long as thats what the contract says and it doesn't bring you below NMW.