Agreed overtime not paid after 6 months - options?
Agreed overtime not paid after 6 months - options?
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anonymous-user

Original Poster:

83 months

Monday 3rd December 2012
quotequote all
Hi guys. Any advice welcome. smile

I work for a private company contracted to the County Council. During May to August, I did a fairly extensive amount of work on the Olympics, which led to a claim of 80-odd hours of overtime.

About 4 months ago, I was paid 18 hours. After much chasing of HR and Payroll, and a promise to me that the balance would be paid this month (end of November paydate), they've ballsed it up and paid me the same 18 hours, not the outstanding 60-something hours, and to top it off they're 6 weeks behind with expenses payments.

(It comes to somewhere around a grand, owed to me.)

Anyway, this morning I walked out. Lack of clear options and nobody willing to take on the task of sorting it out, I got rathe frustrated and angry and just left. No real issue as I have flexible working and nobody really noticed.

So. Short of standing on the HR lady's desk, is there anything I can do? Talking to line management just gets me open-ended statements of "I'll email someone" etc. The main Director has openly said he won't deal with us plebs, that's what line management are for. Can I legally refuse to work until they pay me?

shtu

4,507 posts

175 months

Monday 3rd December 2012
quotequote all
OpulentBob said:
Short of standing on the HR lady's desk, is there anything I can do?
That's the first thing I would be doing. Sack off the "day job" and make it tomorrow's job to get it sorted, and don't accept "we'll do it next month", "i don't have authority to.." answers.

As for the MD not dealing with you plebs - ignore it. Start copying him in.

anonymous-user

Original Poster:

83 months

Monday 3rd December 2012
quotequote all
An employment tribunal claim for breach of contract (which you could make whilst still employed) might get the company's attention, but would obviously be a fairly robust step, so before you do that, contact the mosts senior person you can.

In the meantime, you would be best to keep working, unless you want to leave the company.

anonymous-user

Original Poster:

83 months

Monday 3rd December 2012
quotequote all
Thanks.

I'm in the middle of a restructuring process too, so I'm pretty sure I've shot myself in the foot and have earned my marching orders. You're right, a claim would get the mans attention, and would be the quickest way to him opening the coffers. As you say, it's a big step to make. But do I want to continue working for a company that keeps screwing up? It needs some thought. My mortgage won't pay itself!

Thank you again.

anonymous-user

Original Poster:

83 months

Monday 3rd December 2012
quotequote all
It is a risky strategy, but you could impose a final deadline, and allege constructive dismissal if the employer does not pay. Take legal advice first.

MitchT

17,114 posts

238 months

Monday 3rd December 2012
quotequote all
shtu said:
As for the MD not dealing with you plebs - ignore it. Start copying him in.
^this^

Start hassling the people who try to convince you that they're above being hassled and things generally start moving as they want you off their back quickly.

Tom8

6,296 posts

183 months

Tuesday 4th December 2012
quotequote all
Rather than being silly about it why not raise a formal grievance as you will probably find that is what your handbook will say.

People behaving like kids even if you have been wronged means you will be treated like kids and you will rapidly lose any support you may have had from your employers.

rhinochopig

17,932 posts

227 months

Tuesday 4th December 2012
quotequote all
That's lot of money owed - perhaps change your user name?

northandy

3,539 posts

250 months

Tuesday 4th December 2012
quotequote all
Tom8 said:
Rather than being silly about it why not raise a formal grievance as you will probably find that is what your handbook will say.

People behaving like kids even if you have been wronged means you will be treated like kids and you will rapidly lose any support you may have had from your employers.
+1 good advice

raise a formal grievance in the described way in your handbook, if you dont have such a thing send a letter stating formal grievance on the top to the hr director, state facts not opinions, give a deadline for resolution, say within 7 days.

At least if it all goes TU you have followed a sensible route.