Overtime, contracts, custom and practice

Overtime, contracts, custom and practice

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100SRV

Original Poster:

2,144 posts

244 months

Thursday 11th November 2010
quotequote all
An employee makes 20 visits overseas on behalf of the company and on each occasion the overtime booked is not queried and the form is signed. This overtime includes time spend travelling to and from the foreign country. After the 21st visit the overtime booked for the travel is rejected as "we don't pay travelling time when overseas". There is nothing in the employee's contract or company handbook about this, it seems to be a section manager's decision.

Does "custom and practice" apply in that as it was acceptable for 20 instances it still should be so?
Does this constitute a change of contract?

Help and advice appreciated please.

100SRV

Original Poster:

2,144 posts

244 months

Thursday 11th November 2010
quotequote all
Fatman2 said:
^^ wouldn't that depend on whether the travelling took place during or outside office hours?

I would certainly have got paid overtime if I travelled after 6:30pm (plus expenses).

OP. Personally I'd say stuff it and refuse to go any more. I don't understand the mentality of companies, who expect employees to spend their own time benefitting company business for no uplift.

Edited by Fatman2 on Thursday 11th November 22:48
To clarify:
Situation is that I arrange my travel to ensure maximum working time at foreign site which means my return flight lands at midnight and I get home at 3am, I could have travelled the next day but that would be a whole day lost travelling.

On the travel day that would be start work at about half-past eight am, taxi to the airport at seven pm then fly...

So I put myself out to help my employer and on this occasion "foreign travel" does not count as overtime yet it was OK on the previous (more than ten) instances.

HR department have no policy on this at the moment.
What legislation is applicable and does the reimbursement of overtime on previous occasions set a precedent?
Do I have grounds for a grievance?

Edited by 100SRV on Thursday 11th November 22:58

100SRV

Original Poster:

2,144 posts

244 months

Friday 12th November 2010
quotequote all
Johnnytheboy said:
Law of unintended consequences sets in, you'll be very tempted to do your travelling in work time, thus lengthening your trips away.
I have made them aware of that consequence - it makes no odds to me as most of my travelling is now done - the project which required it is pretty well complete.

As the previous poster said they have set their stall out. Sadly the company has a history of taking advantage of willing employees but managers are then amazed when folks won't volunteer for projects or stop late to finish things. You reap what you sow...I know where I stand now and will behave accordingly in future - not obstructive just protect my interests.

Thank you for the advice!