time owing - is it normally official???

[tink123]

Hi, i work in nhs and I want to leave but I will have almost 2 weeks worth of time owing that has accrued from working excess hrs every week. I will owe them about a weeks hols as i have taken too much.

Does anyone know if I am entitled to the time-owing hrs if i leave. It is officially recorded on pay sheets in payroll dept.

Just i lost one weeks hol last year through no fault of my own, and I am damned if i lose more.

If I don't get it, i refuse to work last week of my notice period.

[flowerybeanbag]

I don't know but I would expect the internal policy to be that you can accrue lieu time but it must be taken, not paid. Someone will correct me if I am wrong.

Legally you can be paid holiday that you are owing but time off in lieu would be an internal policy. You can take a company to a tribunal for unpaid wages, but if the policy says it must be taken you probably wouldn't get anywhere with that.

Obviously if you owe them holiday they can deduct that. I would say the obvious solution is for them to agree that you can take your lieu time at the end of your notice period, which would mean you would be paid for a week of it and not the second week if you owe them a week anyway. Does that make sense? It wouldn't be very reasonable of them not to agree that, do you have any reason to think they won't?

[tink123]

that is what i was thinking will happen. Because if they refuse, i will refuse to work over my hrs for the last 6 weeks that I am there. I only have 9 hrs owing at present so no t too bad, but for next few weeks, i am doing 3/4 hrs excess every week.

[flowerybeanbag]

I'm sure they will agree that, it makes sense all round.

I would advise not working over your hours more than already agreed. Apart from anything else, keeping up with the amount you are owed if it keeps increasing will be difficult for everyone to manage.

[tink123]

it is not my fault. The boss is putting me in for 2 nights every week = 21hrs. I am only supposed to work 18hrs. I cannot get off early anytime.

It may be better to give 6-7 weeks notice to give them time to work it out.

[flowerybeanbag]

I didn't suggest it was your fault tink. You have agreed some time already which is fine, and if it's all planned in so it will be easy to work out how much is owed, then fine.

My only point was if it's more ad hoc, as working extra hours more often is, then it might be difficult to keep up with the amount owed if it keeps changing and to plan when the last day you're going to work is. So in that case it might be easier all round not to agree to work any more overtime. If you have 18 hours in your contract and want to stick to those hours during your notice period, that would be perfectly ok and not your problem if it's inconvenient for people. Overtime has to be agreed and unless your contract says you must work it, which would be unusual, you don't have to.

Up to you, I suggest you speak to your manager when you resign and work out between you what the best arrangement is.

[tink123]

FBB, that was not intended to come across as short - sorry.

Thanks for all your professional input, much appreciated!!!

[nelliec]

are you under agenda for change? if you are then they have to pay you for it or you take it as time owing bot there is a 3 month time limit on all time owing accrued. try agenda for change website rcn has link. sorry not computer literate enough to put 1 in. any problems speak to union rep.

[tink123]

I have just looked. Yes I am under AfC. The time owing is only from last month or so.

[twinklytoes]

tink - am a nhs manager. I would take the toil off your notice period - so in your case I'd take toil minus the holiday you owe off your notice period.

also you say you are on an 18hr contract but work 21hrs per week. are you accruing annual leave for the over contractual hours? yu should claim 15mins per hour for 3 hrs a week.