Holiday pay / Overtime

Mena

I'll try keep this short.

My partner started working for a company 8 months ago. In the interview it was stated she'd need to work every third Sunday.

Since then she's worked every Sunday, usually from around 11am to 1 / 2am, however, recently the hours have reduced (4pm to 10/11pm).

She has worked a total of 170 hours overtime in this period (if counted as anything over 40 hours per week). She got Saturdays and Tuesday's off.

She's now resigned from the company and we expect that both the holiday and overtime (if any is due) will not be paid, based on the experience of the last 7 or 8 people who've left (an assumption yes, but based on the experiences of many other staff).

She has no signed contract with the company, they provided one but none of the staff were happy with the conditions so nobody signed it.

I guess my question is, where do we stand in respect of a ) the holiday pay should they refuse to pay it and b ) the overtime should they refuse to pay it?

Thanks for any input.

AARRRGH

Mena wrote: »

She has no signed contract with the company, they provided one but none of the staff were happy with the conditions so nobody signed it.

I'm not a solicitor, but I can imagine this will be a problem for your partner. He chose to work there but refused to accept the conditions of employment.

Talk to a solicitor.

Nody

Holiday pay yes (legal requirement), over time I would expect no (not signing the contract don't mean you suddenly get new contract rights and overtime don't have to be paid).

Mena

dublindude wrote: »

I'm not a solicitor, but I can imagine this will be a problem for your partner. He chose to work there but refused to accept the conditions of employment.

Talk to a solicitor.

I was under the assumption (don't you just hate those :P ) that having no contract simply meant you're covered by the standard legislation in this regard. We may go to a solicitor in the end but then it may not be worth it, it's not like it's a lot of cash or anything.

Nody wrote: »

Holiday pay yes (legal requirement), over time I would expect no (not signing the contract don't mean you suddenly get new contract rights and overtime don't have to be paid).

Well the contract stated no overtime was to be paid anyway, which was one of the reasons nobody signed it until they clauses were changed (which never happened).

Nody

Mena wrote: »

I was under the assumption (don't you just hate those :P ) that having no contract simply meant you're covered by the standard legislation in this regard. We may go to a solicitor in the end but then it may not be worth it, it's not like it's a lot of cash or anything.

Not really, the contract is a formality but iirc it is enough to be presented with the conditions and by the fact you continue to work you are considered to have accepted them.

Well the contract stated no overtime was to be paid anyway, which was one of the reasons nobody signed it until they clauses were changed (which never happened).

No legal requirement to pay over time though but need to be kept below a certain number of hours a year (48h a week average comes to mind but was a while since I was reading the exact hours).

Mena

Nody wrote: »

Not really, the contract is a formality but iirc it is enough to be presented with the conditions and by the fact you continue to work you are considered to have accepted them.

No legal requirement to pay over time though but need to be kept below a certain number of hours a year (48h a week average comes to mind but was a while since I was reading the exact hours).

Yeah, 48 hours average over a 4 month period if I recall. Thanks again.

AARRRGH

I remember the 48 hours figure as well.

So, he should get his holiday pay, but he probably won't get any overtime pay.

Has he asked the employer what's happening re holiday pay yet?