Grrrrrrr bloomin work again!!!

[PremierPDS]

I work part time for an employer as most of you already know...our overtime is calculated monthly and it's the staffs responsibility to ensure their overtime sheets are filled in and left to be collected on the cut off date. I've forgotten to do this a couple of times in the past and have been contacted when it's been noticed and they've kindly added my overtime hours without me having to go down there to fill out the form etc. This was obviously great and I apologised for the oversight and thanked them. Last month however, I thought I was on shift before the cut off date when the overtime sheets were taken but got my dates mixed up and missed 2 shifts off my sheet as a result. I added those two shifts to my overtime sheet this month and have just been sent an email from the snotty administrator telling me that 'this is the last time you will be paid for back dated hours'! I have replied stating that it is illegal for an employer to withhold money due to an employee for shifts that they have worked regardless of whether an overtime sheet is late or not...can anyone point me in the right direction to somewhere where I might find the relevant piece of legislation that states this?

Ta

[benr123]

I don't know the right act but its common sense that you get paid for what you work.

http://www.adviceguide.org.uk/index/...employment.htm


A contract gives both you and your employer certain rights and obligations. The most common example is that you have a right to be paid for the work you do. Your employer has a right to give reasonable instructions to you and for you to work at your job. These rights and obligations are called contractual terms.

[PremierPDS]

Yeah I know I'm right, I just want something to throw at them in a letter. Sooooooooooo sick to death of them taking advantage of peoples naivety and ignorance- they think they can make the law up as they go along and tell anyone any old rubbish. I wouldn't mind but this is a massive company and they have a dedicated human resourses depatment that any of the branches can contact for advice at any time. Grrrrrrrrrr, it makes me so mad!!!

[Lime One]

Is overtime referred to in your contract at all? If you can let me know I can give you the exact part of ERA which deals with this as unlawful withholding of wages. It is a bit more messy if overtime is discretionary and does not form part of your contract but worth arguing nevertheless.

[Indizine]

Moved this to employment law forum.

actually it's just reminded me I have a query, well, for my daughter not me.

[PremierPDS]

Hi, thanks very much for your reply! It seems I'm always having trouble with these guys...I've looked through my contract and it makes no mention whatsoever of overtime or overtime payments. It does however mention that the staff handbook forms part of the contract and I do not have this- it's kept in the office at work and we're not given individual copies!

[PremierPDS]

Moved this to employment law forum.

actually it's just reminded me I have a query, well, for my daughter not me.

Haaaaaaaaaa, me a mod and I didn't even realise we had an employment law section lol!

[Lime One]

Your starting point should be to complain via the following piece of legislation which relates to unlawful withholding of pay.
ERA 1996 Part II (ss.13-27) ( ERA is Employment Rights Act)

If there is a process for claiming overtime then the correct process is to bring any digression :0) to your attention informally via your manager, and then if it continues make it a disciplinary issue if they view it that seriously.

It is NEVER ok for some jumped up oik in admin to lay down the law against employment legislation. Take up the issue with HR and get them to look at a more employee friendly way of claiming that which is due to you. If this doesn't resolve let me know and we can do a more formal approach.

[PremierPDS]

Thanks again, I shall follow your advice and get on to HR about it in an email now. Their system of filing overtime is rather antiquated and certainly not employee friendly...I'll give it a bash and see what they say when I suggest something else (not sure what just yet though)!

That 'oik' in admin won't know what's hit her tomorrow- she's so aggressive and really out of order, she is a complete bully and most of the other girls I work with are terrified of her!!! Oooooooooo, I'd best get on...I've got two lovely letters to write lol!

[Indizine]

You go sort her out Nickie.