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  1. #1
    JayKay's Avatar

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    Default not paid overtim

    Good Morning,


    My contract states 37.5h per week.
    Last week I did 47.5h (I had one 15h day and one 10h day)
    When I spoke with my manager about it, he said they are not going to pay me for overtime, nor they going to give me additional time off.


    In my employee handbook it says:


    'The normal hours of work per week for a full-time Employee are 37.5 hours and the
    daily hours shall be between 8.30am and 5.00pm or 9.00am and 5.30pm Monday
    to Friday'
    'A minimum of 7.5 hours shall be worked each day and the exact daily start and
    finish times are by arrangement between Employees and their Managers, and once
    agreed must be adhered to'
    'Employees, from time to time, may be required to work such additional hours as
    are necessary for the proper performance of their duties, without extra
    remuneration.'


    Can do that? Can they not pay me for additional time, or not give me time off?
    If they have to compensate me, can they choose will they pay me or will they give me time off?
    If they have to pay me, can they pay me 100% hourly rate, or do they have to pay 150% or 200%?
    Is the last quote from employee handbook illegal clause?


    Regards,
    Jay

  2. #2
    Kati's Avatar

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    Default Re: not paid overtim

    Tagging @Ula xx
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  3. #3
    Ula's Avatar

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    Default Re: not paid overtim

    I am sorry to say that with the following being detailed in your employee handbook 'Employees, from time to time, may be required to work such additional hours as are necessary for the proper performance of their duties, without extra remuneration.' then the company is not obliged to pay you for the overtime worked.

    In regard to the 15 hour day under the Working Time Regulations you are entitled to a rest period of 11 consecutive hours rest in each 24 hour period during which you work for your employer. However there are special circumstances in which the entitlement to rest periods does not apply, for example, where the activities involve a need for continuity of service or production or where there is a foreseeable surge of activity.

    I would see if it is possible, in regard to the 15 hour day, that they reconsider whether they could give you some time off in lieu to compensate.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


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  4. #4
    JayKay's Avatar

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    Default Re: not paid overtim

    Thank you for fast reply Ula,

    So basically they can require me to work above my contracted 37.5h per week without any compensation.
    The phrase 'from time to time' can mean anything. It can mean that I actually work for 45h per week on average not 37.5h
    And there is nothing I can do about it yes?

    That just looks weird. The contract states 37.5 but they can request me to work longer hours on their discretion in regards to when, how often and how much more without any compensation. That just voids the 37.5h clause.


    Regards,
    Jay

  5. #5
    Ula's Avatar

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    Default Re: not paid overtim

    You have your contracted hours of 37.5 which should be the norm. The "from time to time" should just be that - intermittently, not on a regular basis, not the norm.
    I do my best to provide good practical advice, however I do so without liability.
    If you have any doubts then do please seek professional legal advice.


    You can’t always stop the waves but you can learn to surf.

    You are braver than you believe, smarter than you think and stronger than you seem.

  6. #6
    Viking1985's Avatar

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    Default Re: not paid overtim

    [QUOTE=
    'Employees, from time to time, may be required to work such additional hours as
    are necessary for the proper performance of their duties, without extra
    remuneration.'


    Can do that? Can they not pay me for additional time, or not give me time off?

    Jay[/QUOTE]

    Hi,

    The case will be "on its merits". A massive firm, not under stress, no business need, maybe they can't rely on the term you agreed to.

    It seems to me fundamental to the implied duties of an Employee (compared to a Worker) that there is "mutuality of obligation" including keeping going the firm everyone depends on when "the shit hits the fan", imho.

    A worker is a "stinting" toiler, a "hired gun" who can't be expected to do more than they are paid to (again imho).

    HOWEVER there would come a point where the contact had ceased to be 37.5 hrs and by the way the contract works in reality this isn't "from time to time".

    So what to do? Make clear the extra time isn't a one off- you should "go the extra mile" sometimes (imho).

    If it has become "routine" (you define!) then raise a formal grievance to show you are "proper bothered", hope they listen and back off:- and start looking for another job just in case.

    Viking

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