Can you help me please? - work situation

[SharkSip]

How can I argue to get an overtime payment

My employer gave me a schedule for work. My employer has me living in since last week. The hours alone can be intense. I never asked for this and this was never in my original contract.

I just so happened to have a week booked off starting from next week.

I am anxious that maybe I might not be paid an overtime pay. I have a feeling they will punish me for my week off. I have a feeling that they will write off an over time payment by saying something like instead of paying me overtime, they will give me my time off in lieu.

I know them, they won't grant me with any other time off either in the year and it certainly won't be paid time off either. There won't be any other week or two off here or there and there won't be any other payment for holidays.

I need to get paid the overtime pay. It's a gruelling schedule that is full of stress and limited breaks.

I have a feeling things might turn this way later in the week and I will need to argue for my pay. Can you help me. When my employer comes to me and says this about time off in lieu - what to I say back so that I can get paid?

I need to be prepared with a come back just in case I need it.

What does your employment contract say?

My contract never said anything about providing live in care. It was just put on me. I wasn't even asked. I was told. There was no discussion about payment. I was lied to too already. I was told there would be other people booked to relieve me and give me respite during the time but that never happened. I was working full time day and night since last Monday and there's another week to go.

There was no discussion about payment about this.

I do suspect my employer will be a psychopath about paying me overtime because my holiday/week off is coinciding with the end of the 2 week day and night working spell.

This sounds like a terrible arrangement so you need to start looking for another job. In the meantime you must be paid at least national minimum wage for each hour worked so depending on your rate that might be relevant.

Remind them of the modern slavery act . I had this in one employment , I was having to shut down a cafe on my own . They expected everything to be spotless or they would kick off . I was staying up to 20 Minutes each evening to get this work done . It adds up over a week , over a year . Eventually I went to management and told them i either want paying overtime or I'm taking the time time back the next day or I'm going home at 6pm . They would not pay me overtime and they said they would give me the time back later in the year . So that's what I did went home at 6pm . On the dot . As o said when there were complaints that things had t been done , either get me help because I'm going home at 6pm .

I don't understand how they forced you to move in with them and forced you to work additional hours.

Have you considered saying no to any of their requests?

You need to have an employment contract that accurately reflects your work conditions and meets U.K. (assuming you are in the U.K.) employment law.

If they are not willing to provide this then find another job as a matter of urgency.

What do they have over you? Are you legally able to work in the U.K.? I don't understand how they would make you live in? It sounds like you need to stand up for yourself or seek help if you feel unable to do so.

I declined to this this work but the employer sulked and cried and protested and unfortunately I just didn't say no strong enough back to her.

Then a time came where I need a week off which so happened to follow the stint. Originally she was going to deny me time off.by saying we are so busy for July and August but then she knew she needed me for these two weeks so already my week off was already going to be used as a bargaining chip but any other job and I would be entitled to time off for holidays. 4 weeks a year, paid. I won't be getting anything extra outside of next week off and then now I am anxious that I will be denied over time pay because of my week off and say 'its in leiu'.

None of this cancels each other out. The only bonus I got last week was sickness and I still had to carry on in work.

Yes legally allowed to work.

There's no cash flow problems with them. The money is there for holidays, dinners, golf, weekends away, paying rent in an apartment full time in a city, and loads more other stuff.

The money is there but I am anxious that all I will get is just my regular wage when I am doing so much more and I am anxious that they will wiggle their way out from paying me overtime by saying my time off is in lieu.

None of this makes sense so either you are not telling us the whole truth or you are incredibly naive.

If you are legally entitled to work in the U.K. then you are legally entitled to U.K. employment rights.

• annual leave www.gov.uk/holiday-entitlement-rights

• working hours www.gov.uk/maximum-weekly-working-hours

• overtime www.gov.uk/overtime-your-rights

• rest breaks www.gov.uk/rest-breaks-work

• contract www.gov.uk/your-employment-contract-how-it-can-be-changed

And I have a lot of that written down in paper but in practice a lot of it is over written and wrote off by my employer.

www.gov.uk/pay-and-work-rights

Then you need to speak to ACAS, be clear with your employers on their legal obligations, find another job and if they do not pay you according to the law and your contract you can take legal action.