Overtime pay/time in lieu

[Excited85]

Can anybody offer advice over whether there are any legal standards applicable in terms of compensation for working overtime?

I normally work a 40 hour week. I am shortly having to go away with work for four days & nights, back three days (weekend) then away 8 days & nights, back three days (working days so expected in the office) then away 6 days & nights.

We are a small company and don't actually have contracts. As such I'm not sure what to ask for re compensation. I get on well with my boss so should be fairly flexible but considering the time I'm away I don't feel that just getting back the 4 weekend days as time in lieu would be adequate compensation. Are there any regulations on this?

Not that it should matter but I have a 1 year old and won't see him for all this time away, plus the office days as I have to leave the house before he wakes then get back around his bedtime.

I can't get out of it, I've already tried so am just looking for advice re what I should be entitled to? Thanks

No regulations as long as the hours that you are actually working don't put your salary below the minimum wage, or that you are working more than 48 hours/ week on average over a period of 8 weeks (working time directive).

We don't pay overtime as such, particularly not for people who are staying away from home as it is deemed part of the job and that their salary already takes it into account.

However, if we need people to work over a weekend, depending on the circumstances and negotiations, we would normally offer TOIL or payment at either normal rate or time + half.

If your bosses are up to negotiation and this isn't regular, then could you try to get the 4 weekend days off in lieu and be paid an extra days normal salary as well? that would effectively be double time, but you would get the time back at home as well as some extra money.

Thanks Elly. It isn't regular hence I think I'm in a position to at least try ask for some compensation. As I only work 40 hours/week they can probably average this out ok, if anything it's more the inconvenience of it all, having to sort out extra childcare with nursery (which of course costs) dh having to change around his schedule plus luckily we have parents around that are also going to help with nursery pick ups and drop offs whilst I'm away - I feel like that should be recognised. I think I'll suggest I want time in lieu as I desperately want time to spend with my ds but ask if I can have any additional monetary compensation as if it was time and a half.

Depends on your contract - mine has a sneaky clause about 40 hour week, plus "other hours as required by the business." That's pretty normal for most contracts these days, I think, if you're on a salary, rather than an hourly rate. There's also a clause opting us out of the European Working Time Directive unless you actively decide you do want to be opted in, and sign a form every 3 months.

In some circumstances, we can claim it (e.g. planned weekend work), and I think it's something like 1.5 on Saturdays and double time Sundays/Bank holidays. TOIL is just 1:1. I guess as we're contracted to a 40 hour week, it's salary divided by 52 divided by 40. Haven't claimed any for ages, and can't remember how they work it out (did take a bit of TOIL before Christmas, but as I say that's just matched hours.)

However, some contracts will be specific about OT payments and TOIL. Even if you don't have a written contract, you do have a contract, because you work agreed hours, and get paid for it, and you both have to abide by employment laws that are relevant to your post. That's not actually going to help with your specific query, though, because if you had a written contract which detailed this sort of thing, you wouldn't have posted...

Also, if you're going in for negotiation, remember you should start with more than whatever your bottom line will be, so you have room to negotiate. So tell them you want double time, as it's overnight, if you're prepared to settle for time and a half (whether you take it as time or money.)

I think you need to consider what your actual working time will be, are you going to be working more days or are you just "away"?

I don't think there is a particular standard, mate of mine's employer pays an extra £7 an hour for trips away from home office (including time asleep in a hotel). Mine pays working time only, so I did a recent trip where I had four weeks away working in an office overseas but as it was office hours I didn't clock up any overtime or time off in lieu. Frustrating when away from the children.

On the other hand if I had been working at a weekend it would be pay at normal hourly rate AND the time off again. Our lower paid staff get double time, our senior management get the time only.