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 Post subject: Overtime pay promises
PostPosted: 29 Apr 2011, 17:42 
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Grumpy Old Man
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Hi FISOites, I've been googling round for an answer to this and can't find anything definitive, so I thought I'd see if anyone here had been in a similar position before.

Today we had the public holiday for the royal wedding. We're also very very busy at work, so they offered us triple time for today and double time for tomorrow if we could come in and work for a bit. This was entirely voluntary, nobody was forced to show up, and those that didnt didn't have to use a day of annual leave, they will just be paid as normal.

At the end of the day, our boss stated that we'd actually be getting double time for the hours worked, because it's not a statutory bank holiday so our normal wages make up the amount to triple. As in our normal pay of 8 hours would be supplemented by an additional payment for 16 hours (8x2) to make it triple time (8x3). This doen't seem right to me, as it was voluntary overtime we should get our normal time, plus an additional payment for (8x3) = 24 hours on top?

Do I have my head round this wrong, or is it legal for them to advertise triple time overtime and then only effectively pay double?


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:07 
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Dumbledore
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crispybits wrote:
Hi FISOites, I've been googling round for an answer to this and can't find anything definitive, so I thought I'd see if anyone here had been in a similar position before.

Today we had the public holiday for the royal wedding. We're also very very busy at work, so they offered us triple time for today and double time for tomorrow if we could come in and work for a bit. This was entirely voluntary, nobody was forced to show up, and those that didnt didn't have to use a day of annual leave, they will just be paid as normal.

At the end of the day, our boss stated that we'd actually be getting double time for the hours worked, because it's not a statutory bank holiday so our normal wages make up the amount to triple. As in our normal pay of 8 hours would be supplemented by an additional payment for 16 hours (8x2) to make it triple time (8x3). This doen't seem right to me, as it was voluntary overtime we should get our normal time, plus an additional payment for (8x3) = 24 hours on top?

Do I have my head round this wrong, or is it legal for them to advertise triple time overtime and then only effectively pay double?


If I'm reading it right, you were paid triple time. For example:

Normal time - 8 hrs @ £7pr = £56
Double time - 8 hrs @ £7pr X 2 = £112
Triple time - 8 hrs @ £7pr X 3 = £168

Your luck really, I'd have to work 20hrs of OT @ 1.5 time before getting into double time, which is shit.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:16 
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crispybits wrote:
Hi FISOites, I've been googling round for an answer to this and can't find anything definitive, so I thought I'd see if anyone here had been in a similar position before.

Today we had the public holiday for the royal wedding. We're also very very busy at work, so they offered us triple time for today and double time for tomorrow if we could come in and work for a bit. This was entirely voluntary, nobody was forced to show up, and those that didnt didn't have to use a day of annual leave, they will just be paid as normal.

At the end of the day, our boss stated that we'd actually be getting double time for the hours worked, because it's not a statutory bank holiday so our normal wages make up the amount to triple. As in our normal pay of 8 hours would be supplemented by an additional payment for 16 hours (8x2) to make it triple time (8x3). This doen't seem right to me, as it was voluntary overtime we should get our normal time, plus an additional payment for (8x3) = 24 hours on top?

Do I have my head round this wrong, or is it legal for them to advertise triple time overtime and then only effectively pay double?


You said that they said triple and double time; not triple and double overtime.

It is totally legal for them to pay you whatever they wish for BH/PH (from single time upwards), subject to you contract of employment.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:27 
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Grumpy Old Man
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The point is though that all 8 hours were voluntary overtime. I would have got paid my normal 8 hours for the day regardless even if I'd stayed in bed til noon then went to the pub and not gone within 10 miles of the office all day.

They offered overtime at triple normal pay rate. I did 8 hours of overtime so should I not get paid for 24 hours of work?

If my normal hours dictate that I should work those 8 hours, and they had offered triple time for the day then I'd agree, but the whole day was classified as overtime above and beyond what I was obliged to work, and we were offered triple normal rate for doing it.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:36 
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crispybits wrote:
Do I have my head round this wrong, or is it legal for them to advertise triple time overtime and then only effectively pay double?


If you were told something different then they have to pay you what they told you. That is a contract whether verbal or otherwise.

However from what you've said it sounds like you will be paid treble time for today so thats ok? :?

A misunderstanding of what the pay would be?


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:38 
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If I worked today it would be for double time (paid) plus I'd get 8 hours for the Bank holiday = treble time.

I think that's fairly standard?

They are being generous in my opinion paying double for Saturday, as this is May DAY weekend - hence the only day normally attracting DT is Monday. I'm not sure how the wedding day affects that rule though? (Easter WEEKEND pays DT all weekend - for me anyway)


If they promised you treble pay on top of the normal rate for the day, that's another matter. It's probably your word against theirs however, and they hold all the cards - literally!


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:41 
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Nah Groomy they are saying I'll be paid extra equal to double time for today, as the additional to make it triple is the salary I would have got if I'd stayed in bed.

I've worked places before where staff had to work BH and PH as part of their contract, and the company offered enhanced rates on those days. This is different because I didn't have to work today at all (many didn't and will still be paid) so my view is that the whole time is overtime above and beyond my normal contract, and they promised triple rate for that overtime.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:44 
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I would have thought double, and a days holiday would be standard.

crispy, it still reads like you are going to get three days pay for working today.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:45 
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crispybits wrote:
At the end of the day, our boss stated that we'd actually be getting double time for the hours worked, because it's not a statutory bank holiday so our normal wages make up the amount to triple. As in our normal pay of 8 hours would be supplemented by an additional payment for 16 hours (8x2) to make it triple time (8x3). This doen't seem right to me, as it was voluntary overtime we should get our normal time, plus an additional payment for (8x3) = 24 hours on top?

But it is/was a statutory bank holiday. They only way they can get out of that is if somewhere in your contract they have covered themselves for this extra day off. As others have said though, it surprises me they included the Saturday. You really must be busy. :)

edit: actually statutory is the wrong wording, but it was a public holiday which carried the same weight as Good Friday or Christmas Day.


Last edited by Jonathan on 29 Apr 2011, 18:51, edited 1 time in total.

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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:48 
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crispybits wrote:
they promised triple rate for that overtime.


Then you are entitled to it if they made it clear. Jester is wrong that they hold all the cards as a verbal contract is as binding as a written one and on this occasion i assume that several of you witnessed the offer?

However if its a misunderstanding then you have no case.

You need to be able to show they clearly said it would be three times your pay PLUS the pay for the day off.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 18:58 
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The only thing regarding triple time I have in writing is a text from my team leader (not manager) saying:

Quote:
There's overtime Friday (triple time) and Saturday (double time) are you interested?


I popped in yesterday to pick up a personal item that was in my desk that I need for tomorrow and verbally was told by my manager that it's triple time. There were many people within earshot, including the director of our department stood right next to her when she said it.

What I have from my manager is an email stating that there would be overtime on Friday and Saturday. No mention of the multipliers but it's clearly stated as overtime. Overtime, to me, is time worked above and beyond contract hours. That seems to rule out the view that my normal pay can be counted as part-compensation for giving up my day?


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:02 
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FISO Jedi Knight
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But you are getting triple time. I think you have the wrong end of a stick with triple plus normal time, or three times overtime....

You could be able to swing a days paid holiday, though.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:04 
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crispybits wrote:
The only thing regarding triple time I have in writing is a text from my team leader (not manager) saying:

Quote:
There's overtime Friday (triple time) and Saturday (double time) are you interested?


I popped in yesterday to pick up a personal item that was in my desk that I need for tomorrow and verbally was told by my manager that it's triple time. There were many people within earshot, including the director of our department stood right next to her when she said it.

What I have from my manager is an email stating that there would be overtime on Friday and Saturday. No mention of the multipliers but it's clearly stated as overtime. Overtime, to me, is time worked above and beyond contract hours. That seems to rule out the view that my normal pay can be counted as part-compensation for giving up my day?


Well my understanding based on where I work is that overtime is seperate from contracted hours (though they can request we do it in extreme circumstances), and that is has it's own pay rate, in my case 1.5 times normal pay for the first 20 hours and then 2 times normal pay thereafter within any calendar month.

Because it's bank holiday though, I don't see how that can be overtime in the true sense because that would ordinarly be your contracted day of work.

EDIT - Thought I should add that for bank holidays, all full time staff get 1.5 time normal rate for that day regardless of whether they are actually contracted to work on the said day (the rationale being that all FT staff work a full week). We operate on bank holidays regardless but people can book the day off they want. If you were due to work and do turn up or if your hours are not taking in the bank holiday, you get a holiday in lieu*. Rarely if ever is overtime offered on a bank holiday, but I do believe that it is treated as seperate.

* I've always found it hilarious how even the most bone-headed people can still magically grasp the meaning of that French phrase when a day off is involved :lol:


Last edited by Tacalabala on 29 Apr 2011, 19:15, edited 1 time in total.

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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:11 
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So lets say my working day was 4 hours today and I had to work it. They then offer triple time overtime for a further 4 hours which I accept. So I'll get 4 + 4x3

My standard working hours for today that I contractually had to do were 0(8 hours paid as per my contract). That's what everyone who didn't turn up for the voluntary overtime will get paid for. They offered, and I took, 8 hours extra at triple time, so my total should be 0(8 paid) + 8x3

Taca to repsond to your point, the fact that anyone who chose to relax today and not work gets paid normally surely means that the whole day is separate from normal pay rates and triple means triple time separately from and in addition to normal?


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:18 
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crispybits wrote:
So lets say my working day was 4 hours today and I had to work it. They then offer triple time overtime for a further 4 hours which I accept. So I'll get 4 + 4x3

My standard working hours for today that I contractually had to do were 0(8 hours paid as per my contract). That's what everyone who didn't turn up for the voluntary overtime will get paid for. They offered, and I took, 8 hours extra at triple time, so my total should be 0(8 paid) + 8x3

Taca to repsond to your point, the fact that anyone who chose to relax today and not work gets paid normally surely means that the whole day is separate from normal pay rates and triple means triple time separately from and in addition to normal?


Having thought about it I think that your problem will be because today would normally be your contracted hours, so your bosses can easily turn around and say "How can you do overtime on your contracted shift?" It's tough to argue that.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:19 
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Even when 70% of the department sat home, didn't work, and will still get paid without losing a day's annual leave or anything?

Edit - there is some precedent here btw - on previous bank holiday Mondays (which are also normal contracted hours) they've offered double time overtime and paid normal time + double time extra, not normal pay + single time extra.


Last edited by crispybits on 29 Apr 2011, 19:21, edited 1 time in total.

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 Post subject: Overtime pay promises
PostPosted: 29 Apr 2011, 19:20 
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Dumbledore
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But he's not getting triple time BB, he's getting double time as he wouldve picked up the single time whether he'd gone into work or not.

In my job I wouldve got double time plus a day in lieu. I presume if you're getting a day in lieu also then this would technically equal up to triple time.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:27 
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gazwood wrote:
In my job I wouldve got double time plus a day in lieu. I presume if you're getting a day in lieu also then this would technically equal up to triple time.


I'd pitch for the day in lieu if i were you crispy

But if custom and practice for bank holidays is not what you go then you could push for that


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 19:59 
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You're getting paid treble time, exactly the same way as I've always been paid; for working any Bank Holidays during the whole of my 32 years of employment.
i.e. Yes if I stay at home I'd get single time.
If I work it, I get paid treble time (that's 7.4 hrs at single and 7.4 hours at double, to make it up to treble).
The other choice is to take double time and a day in lieu (7.4 hours at single and another 7.4 hours at single plus a day's holiday to take at a later date).

I only get time and a half for working Saturdays though. Double time is paid for Sundays or any hours worked after midnight whichever any day of the week, it is.
Plus if I do have to work after midnight I have to have a full 8 hours break before returning to work. i.e. my normal working day starts at 8am but if I've worked till 4am the night before I don't have to turn in until 12 noon yet I still get paid from 8am. "So really I'm paid treble time for any hours worked after midnight" :wink: .

I work in a fully Unionised workplace though. I hear stories, from others, that make me shudder when I listen to their working conditions and overtime payments.


Last edited by johnmc on 29 Apr 2011, 20:19, edited 1 time in total.

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 Post subject: Overtime pay promises
PostPosted: 29 Apr 2011, 20:17 
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Technically though, the above is double time :lol:

I'd get a day in lieu which would then equal triple time.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 20:23 
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gazwood wrote:
Technically though, the above is double time :lol:


True.


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 21:26 
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Dumbledore
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crispybits wrote:
Even when 70% of the department sat home, didn't work, and will still get paid without losing a day's annual leave or anything?

Edit - there is some precedent here btw - on previous bank holiday Mondays (which are also normal contracted hours) they've offered double time overtime and paid normal time + double time extra, not normal pay + single time extra.


What about last Friday?


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 Post subject: Re: Overtime pay promises
PostPosted: 29 Apr 2011, 22:52 
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There was none last Friday - last weekend they did it Saturday, Sunday and Monday (1.5 time Saturday, 2 time Sunday and Monday) - it varies a bit on long weekends depending if they can find a keyholder who is available to come and open the building up on a non-working day. This weekend they could only find one for 2 days, hence the desperation and the inflated pay offer to make sure they got plenty of volunteers.


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