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EMPLOYMENT LAW QUERY: Overtime rate reduced to standard if box not ticked on timesheet?

3 replies

perfectstorm · 22/05/2011 00:40

My husband's team have been working stupid hours recently due to serious understaffing problems. They're meant to get overtime for this - they are working with an absolute skeleton, and it's a busy time of year.

This week some of his staff were told by a little Hitler at payroll that they will only be getting the standard rate for all hours worked, because they failed to tick the box on their timesheets for overtime and they aren't allowed to claim the extra money owed later. It doesn't actually affect DH, but he is pretty cross on their behalf and wanted to know the legal position before he made a big fuss about it for them.

The stress and hassle of the staff shortage is such that the bonus cash is not much compensation anyway. All in all, it seems to take the piss. They've worked the hours and advised payroll of their mistake - can they really suffer a salary deduction if they make a minor admin error?

I should add that the box they need to tick is an irrelevance - the number of hours worked apparently makes it blatantly obvious that they're entitled. But the payroll people are saying it makes their lives easier if people tick and it's not their job to check hours worked against overtime entitlement. My husband's attitude is that that is indeed their job, and the clue to this is in the word "payroll". Is he right in thinking this is an unlawful salary deduction?

Thanks in advance.

OP posts:
Collaborate · 22/05/2011 06:35

It's a little known statistic that 99.99% of any workforce hate jobsworths. Not an employment expert, but if in the past they have allowed these claims to be made yet have suddenly changed without warning then they can't get away with it.
Hopefully someone who knows what they're on about will have some good news for you.

perfectstorm · 22/05/2011 17:39

Thanks, Collaborate. It's one of those situations when you can't believe their stupidity - I mean, if they stop paying a (really rather paltry) bonus to people who are effectively going the extra mile out of goodwill, they won't have staff to cover, quite soon. Said bloke sounds a complete git - your statistic sounds spot on!

OP posts:
perfectstorm · 24/05/2011 22:31

Bumping in hopes an employment specialist can advise.

OP posts:
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