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AIBU?

Share your dilemmas and get honest opinions from other Mumsnetters.

to think they should have at least told us this first?

119 replies

overtimewoes · 10/06/2020 08:24

This is covid-adjacent.

I've name changed.

I work for an NHS trust. At the beginning of the pandemic my colleagues and I were asked to take on extra shifts on COVID work (i.e. not our usual job but work we are qualified to do - ENT resident working in ICU etc). These were "voluntary" (if enough people hadn't volunteered they'd have been mandatory, it was necessary work) and in addition to our contracted hours and therefore we were offered overtime, which according to the email is "time and half".

I, and my colleagues, took this to mean 1.5 times our usual hourly rate. Due to the way overtime is paid, we didn't receive any payment until the most recent wage slip. When we all received our pay, we queried it as it was A LOT less than we had been expecting (by almost half). To be told that all overtime hours, regardless of job role and seniority is capped at £16 per hour. So overtime is paid at a maximum of £24 per hour. My hourly rate is £23 per hour. So for the extra shift (12 hour per week) I am getting an extra £1 per hour.

It's not the hourly rate that has pissed me off, but that we weren't informed of the 'true' payment. I've worked well over and above my hours, for free during this pandemic, I'm not greedy and have happily been doing it, it has been necessary. But when I'm told I will be paid one thing, I don't expect to be paid another. I'd have done the shifts for my normal rate, I've worked an average of 10 hours per week for free throughout it's not the money that's the issue, it's the duplicity.

the extra money was how I sold it to DH though, who has had to work a full time job and do all the child care as I have practically lived at the hospital 6 days a week.

AIBU to be annoyed?

OP posts:
strugglingwithdeciding · 10/06/2020 14:20

I guess overall it will Depend on your contract but wouldn't of hurt them to if put what the cap was so people were aware what they would be getting

Lemonlady22 · 10/06/2020 15:22

Not a nurse, so an intensivist or doctor on a covid ward for £23 an hour....doing overtime ....quite shocking imo.....🏅

BashStreetKid · 10/06/2020 15:36

To get a wage of £23ph you must be a band 8 employee. NHS Terms and Conditions clearly state that “Senior staff paid in pay bands 8 or 9 will not be entitled to overtime payments.” I do think it was unfair if they have misled you. However if your Trust went against the Terms and Conditions, that are set in stone, they would have left themselves open to other claims of unfair pay!

Tough. By approaching doctors and asking them to work overtime at time and a half, they entered into new contracts which overrode any Terms and Conditions attached to the previous one.

LemonTT · 10/06/2020 15:40

The OP has confirmed she is covered by agenda for change. This is a national contract. There are different contracts for doctors and dentists.

It is published on line and is an NHS staff bible. If the OP hasn’t referred to it, that is her responsibility. It’s fairly standard for higher paid NHS staff not to put their hand up for overtime because of this.

As an NHS employee you are expected to work in other roles if required. You will be asked but you can be redeployed. This is not volunteering or applying for second jobs. A lot of people got redeployed because their usual role was stepped down.

The OP doesn’t sound very clued in and should really talk to her line manager as the responses she is getting her are ill informed and not very helpful.

overtimewoes · 10/06/2020 15:47

As an NHS employee you are expected to work in other roles if required. You will be asked but you can be redeployed. This is not volunteering or applying for second jobs. A lot of people got redeployed because their usual role was stepped down.

This was not the case here. I was not redeployed (which yes, did happen to some), this was in addition to my usual work, which continued almost as normal.

OP posts:
Sandybval · 10/06/2020 15:50

if the OP hasn’t referred to it, that is her responsibility. It’s fairly standard for higher paid NHS staff not to put their hand up for overtime because of this.

Not the responsibility of whoever emailed then? OP has said it wasnt a blanket email, but one sent to staff across just 2 grades, many of whom will presumably be affected by the cap. And during a pandemic when they are desperate, it isn't wholly unreasonable to believe something you have written in an email to you would override business as usual terms.

LakieLady · 10/06/2020 15:55

YANBU, and for once I wouldn't be pissed off if the Mail lifted this story.

overtimewoes · 10/06/2020 16:00

YANBU, and for once I wouldn't be pissed off if the Mail lifted this story.

I would! I do not want to get in trouble!

OP posts:
LolaSmiles · 10/06/2020 16:04

However, in industry, people on that kind of salary don't usually get paid overtime. You're expected to do the hours that need to be done to get th job done.
I don't see your point. The OP already does bits extra at the start/end of her shifts. She's just objecting to being mislead on overtime.

Seriously, what's with the rush to the bottom on here? Any time someone has a pay or workplace issue, especially in the public sector, there's always a few posters who like to tell people 'in the real world/in industry it's common to work unlimited unpaid overtime and bow down in gratitude at being paid at all'.

Muchtoomuchtodo · 10/06/2020 16:15

YANBU. The cap should have been clearly stated as it means that some employees get nowhere near the time and a half that they were expecting.

I was redeployed and have done a lot of additional hours, both mon-fri and over weekends and bank holidays. I didn’t get any additions payments in my May pay which I’ve chased up and have been assured that I will receive full lament this month. You’ve got me worried now that it will be less than I’ve worked out and budgeted for (DH on furlough). Roll on 21st June when I’ll know.....

I would definitely get your union’s advice about this. As long as you have the original email then I think your case should be very strong.

overtimewoes · 10/06/2020 16:32

Ok, so I have just checked my contract which states that "by exception" overtime will be paid at (states banding increment as numbered weirdly by our trust but equates to £21.43ph). "All overtime will be paid at time and a half". No mention of a cap but does say "overtime is payable to those on band 7 and below".

So I guess it boils down to whether this instance was considered an exception. I'm not sure who would decide that.

OP posts:
Nacreous · 10/06/2020 17:25

Well you have an email saying it will be paid at time and a half so they have pretty much tied themselves into it being an exception surely?

I would send them the email saying time and a half as an attachment and ask for confirmation your pay will be adjusted, as if it's obvious that it will be.

You're band 7, your £22.76 an hour (which does in fact round to £23...) should have overtime paid at time an a half, as they stated.

GabriellaMontez · 10/06/2020 17:51

Yanbu to pursue this and take it as high as is necessary.

FromTheAllotment · 10/06/2020 19:50

It’s a global pandemic unprecedented in the history of the NHS. If that’s not exceptional then what POSSIBLY could be?

I realise that’s not exactly what the contractual language means, but I still think it’s a point worth making!!

Fairyliz · 10/06/2020 20:22

When you got your contract for your current post it should stipulate overtime payments in there.
Sorry but for someone earning £23 an hour so approximately £45k per year for standard hours? I would expect you to have the initiative to read and understand your contract and if not get someone to explain it.

overtimewoes · 10/06/2020 23:06

Fairyliz I posted above what my contract says. I should be paid.

OP posts:
ekidmxcl · 10/06/2020 23:10

They sound like they are guilty of fraud/deception. Absolutely disgusting.

BashStreetKid · 11/06/2020 01:16

@Fairyliz

When you got your contract for your current post it should stipulate overtime payments in there. Sorry but for someone earning £23 an hour so approximately £45k per year for standard hours? I would expect you to have the initiative to read and understand your contract and if not get someone to explain it.
Irrelevant. A contract cannot bind the parties never to vary it in future.
Brefugee · 11/06/2020 16:15

I'd just ask them how much goodwill they think they're losing on this and try to revert to your regular job (extra hours and all).

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