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Thread: Not being paid for OT

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  1. #1
    warwick65's Avatar

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    Default Not being paid for OT

    Another OT query that I think I know the answer to

    A company employs staff on a contract, within that contract is the need to do compulsory OT of 5 hours a week ( they get paid for it at standard rate). Other OT is always paid and normally without query.

    The company has one manager who is 'on point' for monitoring overtime and on occasion has unilaterally decided someone has worked too many hours OT and does not authorise the payment for these hours

    My thoughts are that this would amount to unlawful deduction of wages or similar and a grievance should be raised , ultimately leading to a potential claim against the company however I am realistic enough to know that in a non unionised business and in the present dire financial climate this may not be a wise move,

    Does anyone have other thoughts or opinions
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  2. #2
    Ula's Avatar

    JustBeagle Admin



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    Default Re: Not being paid for OT

    What does the contract say about any other overtime above the compulsory OT of 5 hours a week i.e. payment of it, does it have to be authorised in advance, is there a limit to the number of hours that can be claimed above the 5 hours?

    How long has it been "custom and practice" to pay all other overtime regardless of hours claimed?
    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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  3. #3
    warwick65's Avatar

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    Default Re: Not being paid for OT

    Hi
    Thanks for the reply
    I don't personally have sight of the contract but to the best of my knowledge this has only happened two or three times in the last nine years - believe me when I say i would have heard about it if it was even a semi regular occurrence.

    The job is a sales based role and some OT is absolutely unavoidable unless you want to tell a customer who is spending a large amount of money to go away as its home time.

    I think one problem is that the business has multiple sites, each with a management structure but the manager who is on point is in a different branch so really has no idea what the people are doing on an hour to hour basis.

    Hell they even ask why you have been so long in the toilet but let others go outside at will for a smoke
    Any advice or opinions I offer are based on my experience dealing with personal debt as well as other life events.
    I have no formal legal training
    Any advice is offered without liability
    If in doubt take professional legal advice or contact the CAB

  4. #4
    Ula's Avatar

    JustBeagle Admin



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    Default Re: Not being paid for OT

    If the "custom and practice" has been to automatically pay the overtime and it is rare for it to be not paid, I would suggest that when this happens an informal approach is taken first by querying it with HR on the basis of "was this an oversight"? If that does not proof successful then a formal grievance would need to be raised.
    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.

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