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Overtime in Lieu - at what rate? urgent

  • 03-01-2010 2:08pm
    #1
    LegacyUser
    Registered Users, Registered Users 2 Posts: 166,026 ✭✭✭✭


    Hi all,

    apologies in advance for the long post, but its a hard situation to explain in 50 words or less!

    just wondering what the deal is with overtime which is paid in lieu and how much you get. What I need to know is, if you are salaried staff and your contract says you do not get paid for overtime but get time in lieu, do you get straight hour for hour, or if you work particularly late, would you get 1.5/2/3 time in lieu?

    the background is this - the wife has been working for a company less than a year. She is administrative office staff, but deals with senior management a lot, so often gets asked to assist in quite important projects. In the last 6 mths they have had a number of very important projects on the go and as the support staff is small, she was needed to put in extra hours regularly - usually at least an extra hour a day, not including the short lunches she usually takes.
    Then a few weeks ago just before the contract was signed, there was a major disaster of some sort and her boss asked her to stay a 'few extra hours' one friday. As always she agreed, but a 'few' hours turned into a 22 hour shift for her! Now i know she was mad, but she didn't realise she would be there that long initially (was asked to work a 'couple of extra hours, then told she was needed to stay until it was finished) and she also felt kind of obliged as if she didn't stay the company would loose the contract and jobs would be lost. Although it was not said outright you must stay or you will loose your job, she felt that she could not refuse. She started work on Friday at 7.30am and didn't get home on Saturday until after 5 am.

    Now, leaving aside all the extra 5-8 hours a week she has done for the last 6 mths, what is the story with this 22 hour shift? She asked her boss about payment and possibly getting it in her december salary in time for Christmas and he said she doesn't get paid for O/T as she is salaried (in her contract), she reminded him of saying to her that she'll be "looked after" and he said he meant with time in lieu! She feels he is pulling a fast one, as she has not been able to take annual leave for the last 6 mths as they were so busy, so she already has a LOAD of time she has to take before the end of Feb. so by giving her time in lieu, she will most liekly not be able to take it and in effect he will have gotten this o/t out of her for zip. A really underhanded trick I think.

    Next to this, he told her that as she worked an extra 14 hours then she would be due 14 hours leave, but as a gesture of goodwill he will top that up by an hour to allow her 2 full days!!!!!

    Now, given that she is bound by her contract and cannot insist on being paid, she at least wants to get the right amount of time in lieu. Surely if she was getting paid for the 22 hours shift she would have gotten more than the hourly rate? taking into consideration the fact it was such a long shift, that it was during unsocial hours, etc? She also did way over 48 hours that week - with the extra 14 hrs, plus about another 7-8 that week she did close to a 60 hour week when she is contracted for 37.5. I am pretty sure what he asked her to do was illegal in fact!

    In summary my questions are:
    - If she were to get paid for the o/t what rate would it be at? time and a half? double etc?
    - And this being the case, would she not be entitled to the equivalent time in lieu? I mean if she would be paid double time, then shouldn't she get 2 hours leave instead of one?

    Although the extra time off will be difficult to take, she is hoping to argue with HR that she is being prevented from taking it due to work so therefore should either be allowed carry it forward or get recompensed for it monetarily. Not sure how it will go, but worth a try.

    The reason for the urgency, is the boss is starting a new project next week so he will be working from the UK for about a month - given the type he she needs to get this sorted before he leaves or she has no hope of getting what is due to her.
    Also she is looking for another job and has some interviews lined up, so if she was lucky enough to get a job and leave before the end of Feb, they would owe her any outstanding holidays, so she wants to make sure she is getting the full amount due. If she leaves and he is unwilling to help she is prepared to take it further, but until she has another job lined up is reluctant to push too hard on the legal aspect.

    We have tried contacting NERA, but with the holiday period etc, and trying to call from work it has been difficult.

    your advice would be greatly appreciated - I am FUMING at how she has been treated, as is she. If it weren't for her they would have lost a contract worth millions, so to treat her so badly is really galling.

    thanks guys
    Concerned husband


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