General Chat Thread, Can an employer just give you time in lieu in General; Hi all,
Long story short!
My workmate and technician has been asked to work past his finish time on several ...
27th January 2009, 09:39 AM #1
Can an employer just give you time in lieu
Long story short!
My workmate and technician has been asked to work past his finish time on several occasions and has been told he cannot claim overtime but can have time in lieu.
Are there any rules on getting more than the time back e.g time and a half?
27th January 2009, 09:45 AM #2
Overtime : Directgov - Employment
There's no legal right to pay for working extra hours, and there are no minimum statutory levels of overtime pay, although your average pay rate must not fall below the National Minimum Wage. Your contract of employment should include details of overtime pay rates and how they're worked out.
Overtime rates vary from employer to employer, some will pay extra for working weekends or Bank Holidays, and others won't.
Time off instead of pay for working overtime
Instead of paying for overtime, some employers offer 'time off in lieu' (TOIL). This is agreed between you and your employer, and any time you take off will normally be at a time that suits the employer. Some companies have rules on when time off can be taken, but others arrange time off on a case by case basis.
27th January 2009, 09:47 AM #3
a lot of contracts always say that you are obliged to work an extra half hour per day. after that you should negotiate for overtime. there should be established rates within your county. like time and a half on saturday, double on sunday. not sure about weekdays, probably depends on total time done.
as for T.O.I.L it's usually 1:1 but again you can negotiate practically anything with the head. just make sure you get it in writing.
the trick is to stop agreeing to extra work until you have an agreement or something in writing that establishes your recompense. that way you can refuse if they don't keep up their end of the bargain.
27th January 2009, 09:49 AM #4
Exactly as ninjabeaver said.
Overtime agreements should be in your contract. Our school do pay overtime, but only ever at your standard hourly rate. In the current economic climate we are being encouraged to take TOIL instead where it can be done sensibly without impacting our work.
In my case (I am part-time) I am doing this as it suits me to have more flexible working hours. I'm off all day on Thursday while a new carpet is being laid and someone repairs our garden fence!
27th January 2009, 10:45 AM #5
27th January 2009, 10:53 AM #6
I work every other Saturday to provide cover for students, staff for Saturday school 08:30 - 12:30, only half a day. However this is Saturday, none working week for me and my contract, my contract says I may have TOIL, but doesnt say I have to work this Saturday.
Why do I get 1:1 for this time, when its clearly a Saturday outside my normal working hours. My boss whose is Head of DT as well says it should be 1:1, but I disagree, he gets massive amounts of time off, and this clearly covers having to work Saturday, he is on a teachers contract, not support staff and doesn't see my point in the matter.
Overtime is 1:1.5, why isn't TOIL. Its absurd, and I'm actually gaining momentum to refusing to work Saturdays on this basis.
27th January 2009, 11:20 AM #7
I usually get time off in exchange for overtime. Suits me just fine tbh.
27th January 2009, 08:34 PM #8
If employed by LA then you can and head can't stop you (well he can refuse to sign the overtime sheet and you can refuse to work as he asked for overtime) as most LA are part of lga and I am sure being paid for overtime is in it.
Small note once reach certain grade then you have to take time off instead of being paid.
Phone LA payroll department they can tell you..
Also get official overtime form and read it carefully as there is often one rate if on end of your normal hours, another rate if break between your normal hours and your overtime, another if past certain time..
27th January 2009, 08:37 PM #9
Thanks Russ, but what is the LGA?
Originally Posted by russdev
27th January 2009, 10:55 PM #10
- Rep Power
Local Government Association, I think.
For us overtime is plain time up to 39 hours per week - any hours after that time and a half. I was told this last week, having been paid plain time despite putting in a few long weeks over the summer. Ho hum.
28th January 2009, 07:15 AM #11
Yes that is group all la belong to and they decide with unions over terms and pay % increases. The terms is in what is called the green boox and then la often have extra stuff on top of that but green book should be the minimum terms la staff have.
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