OT not paid... worth pursuing?
Discussion
By choice, I recently left a permanent position. On leaving I had an overtime claim outstanding that due to the timing would need to be paid in the September payroll after I had left. I departed on good terms, however I've since received my P45 and the numbers do not include the OT due and needless to say I haven't been paid it.
There are two elements to the OT:
1. Some out of hours working as was typical in the role. This was not pre-approved, nor did it require such. It was standard practice to simply work if required and claim. The person who asked me to work is happy to confirm it was required.
2. Some weeks prior to resigning I was made aware of the existence of an "Overtime Policy" relating to minimum claim levels in the event of a call out. I have (in writing) that any shortfall would be paid if such a policy did indeed exist (my boss was unaware). Prior to leaving I found the policy and submitted the claim.
My manager also stated (verbally sadly) that the outstanding claim would be paid.
It adds up to about 2% of my annual salary so worth pursuing if there is a realistic chance of getting paid.
I'm getting radio silence from the (regional) Head of HR and the Head of Tech (effectively my ex line manager due to subsequent absences/changes at the org).
The organisation is large, global bank.
What are my next steps? Escalate internally (e.g. Global HR and the next step up my reporting line, regional/country CEO) or do I just proceed to MCOL?
There are two elements to the OT:
1. Some out of hours working as was typical in the role. This was not pre-approved, nor did it require such. It was standard practice to simply work if required and claim. The person who asked me to work is happy to confirm it was required.
2. Some weeks prior to resigning I was made aware of the existence of an "Overtime Policy" relating to minimum claim levels in the event of a call out. I have (in writing) that any shortfall would be paid if such a policy did indeed exist (my boss was unaware). Prior to leaving I found the policy and submitted the claim.
My manager also stated (verbally sadly) that the outstanding claim would be paid.
It adds up to about 2% of my annual salary so worth pursuing if there is a realistic chance of getting paid.
I'm getting radio silence from the (regional) Head of HR and the Head of Tech (effectively my ex line manager due to subsequent absences/changes at the org).
The organisation is large, global bank.
What are my next steps? Escalate internally (e.g. Global HR and the next step up my reporting line, regional/country CEO) or do I just proceed to MCOL?
Similar situation happened to me. Agreed to work an extra months notice in order to get 3 years worth of backpay and a bonus paid. All agreed verbally which in hindsight was very naive.
On my last day my direct manager can and told me the head of HR was refusing to pay me the money owed which was about 10k. Reason given was payroll didn't have time to work it all out and once I had left they had no legal obligation to pay.
The company refused to budge so I started the employment tribunal process who contacted the firm and they simply denied everything.
It entered a stage in which I would need to instruct a solicitor and also drag colleagues into the process to give evidence. At the time I had just started a new job and didn't need the stress or money so I just dropped the claim.
On my last day my direct manager can and told me the head of HR was refusing to pay me the money owed which was about 10k. Reason given was payroll didn't have time to work it all out and once I had left they had no legal obligation to pay.
The company refused to budge so I started the employment tribunal process who contacted the firm and they simply denied everything.
It entered a stage in which I would need to instruct a solicitor and also drag colleagues into the process to give evidence. At the time I had just started a new job and didn't need the stress or money so I just dropped the claim.
Had similar,gave them timeframe to respond,they ignored main point,contacted ACAS,purely because it's a stage to go through for et1 ref no.firm still played silly,got date for tribunal,firms lawyers got in contact,got paid what I was owed,before tribunal,probably cost them xxx£ what paying me would've cost at start
Go for it,seems firms reckon people will just roll over but simple process to go through on your own
Go for it,seems firms reckon people will just roll over but simple process to go through on your own
Not OT, but was owed 5k holiday pay according to my contract when I took early retirement..
Company refused to pay,, questioning whether I'd actually retired, or just left work (was in receipt of workplace pension at this point)
Got union involved, and thankfully they saw sense, and paid what was owed.
If its rightfully yours, then don't give up.
Company refused to pay,, questioning whether I'd actually retired, or just left work (was in receipt of workplace pension at this point)
Got union involved, and thankfully they saw sense, and paid what was owed.
If its rightfully yours, then don't give up.
Go with option A to start with, you have someone that can verify you did the overtime so some light pressure to begin with then escalate if it falls on deaf ears.
A relative of mine works in a small publishing company has just got a new boss that works a grand total of 5 hours a week always swanning off to doctors/dentist appointment, school meetings, kid always going to clubs etc despite contracting 38 hours a week. Relative does the same hours and earns about the same but regularly worked into the wee hours to finish, it isn't overtime she does it to get it done. One week I reckon she did 9am - 3am four nights in a row.
It's incredible what some people can get away, relative was effectively doing the superiors work and picking up the pieces for the same money.
A relative of mine works in a small publishing company has just got a new boss that works a grand total of 5 hours a week always swanning off to doctors/dentist appointment, school meetings, kid always going to clubs etc despite contracting 38 hours a week. Relative does the same hours and earns about the same but regularly worked into the wee hours to finish, it isn't overtime she does it to get it done. One week I reckon she did 9am - 3am four nights in a row.
It's incredible what some people can get away, relative was effectively doing the superiors work and picking up the pieces for the same money.
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