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Non payment of overtime

5 replies

FatBottomedGirls · 28/05/2019 15:56

Hi all, I work for a very well known company and they seem to be shocking at getting wages especially overtime correct. I am now owed at least 13 hours dating back to 1.3.19. I informed the manager who collates the payroll on the date that it was missing from my wages. She agreed that it hadn't been put through and that she would forward it to the area manager immediately. I have since been paid again and it is still missing. when I queried this I was told that it hadn't been out through and I would now get it on the June pay run. A whole 4 months since I actually did the work. Now this is not the first time and I have taken steps to sort it with Acas however my husband feels quite strongly that i am legally entitled to rescind my labour until monies owing are paid. I am not sure and I can't seem to find any info about it on line. Who is correct? Him or me?

OP posts:
Mousetolioness · 28/05/2019 17:35

Won't rescinding your labour equal going on strike??

I would give them one final chance to get it paid in June. If not paid then I would raise a grievance.

And try to ensure that the outcome of the grievance is a written commitment to pay overtime on the next pay run or definitely within 2 months (assuming there might be occasions when an overtime slip is submitted too late to be included in the next scheduled run.

I know nothing about HR by the way. So don't know if this is a viable option for late payment.

But first, what does your contract say about payment of overtime?

prh47bridge · 28/05/2019 21:01

Rescinding your labour would indeed be going on strike. This would be classed as an unofficial strike which would mean your employer could dismiss you.

Your employer's failure to pay is an unauthorised deduction from wages. You are entitled to make an employment tribunal claim. If you wanted to go down this route your first step would be to contact ACAS for early conciliation. Simply getting ACAS involved may be enough to push your employer into paying.

Mrsbclinton · 28/05/2019 21:12

I wonder do we work for the same company?
Ive the same problem every time I do overtime, very annoying although it's usually rectified the following month.
Can you request its processed immediately?

daisychain01 · 28/05/2019 21:19

I have since been paid again and it is still missing. when I queried this I was told that it hadn't been out through and I would now get it on the June pay run

Apart from your episode of broken promises re this overtime payment, could you have some 'behind the scenes' conversations with colleagues to see if they have also experienced similar problems for their overtime payments?

Is there a process you need to follow eg getting a timesheet (or online tracker) approved by the manager who agreed you could work the overtime. Sometimes one missing step makes the whole process grind to a halt and it isn't always easy to know at what point things went wrong.

It seems strange for a "well known company" not to have mature processes in place for these bog standard transactions.

May be worth checking this out so you don't get a repeat performance every time you claim for overtime.

FatBottomedGirls · 30/05/2019 10:55

I have written an informal letter about 3 months ago regarding the issue and I have now raised a formal grievance but not heard anything back

I have also started an early conciliation with ACAS.

At a risk of outing myself the company is a charity and a lot of its processes are well out of sync with other companies I have worked for. The process for overtime is long winded and unnecessarily complicated. It goes to one store manager who collates it, then to another store manager who inputs it, then to the area manager who authorises it and finally to payroll who process it. However if one person in that chain is on holiday then it doesn't get done until they return which is ridiculous!
Overtime is generally 4 weeks in arrears which is something i am used to but sometimes it can be 6 or 8 weeks.

My argument is really that they were all informed on April payday that monies were missing, they all agreed it as missing and that it would be processed but then it didn't get processed until nearly a month later meaning that it then missed the may cut off point!

If this had been a one off I could have excused it as human error but its not last year over the course of 5 months they underpaid my overtime but almost £500 which i then had to prove I had worked. Then I had to wait 2 months for them to correct their error!!

Any how I have given them until Friday, which will be 2 weeks since i originally raised the issue, to correct this, thus meaning I will return to work Sunday and still work my contracted hours for this week but I have informed them i will not be working any more overtime for the company in the future.

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