No overtime or time in lieu

[brandyman14]

I work in the IT industry and so am sometimes required to work unsociable hours. My contract of employment states that any overtime payment or time in lieu in respect of this work is at the discretion of my manager.

I'm finding that I am having to work my usual 38 hours a week, as per my contract, but sometimes also having to work beyond these hours to carry out work that cannot be done during business hours. All this while I have been told by my manager that I will not get time in lieu or overtime payment.

Unfortunately I am over a barrel at the moment as this is interfering with my other commitments, so much so that I am now job-searching. The problem is that in the meantime, my other commitments are suffering but I cannot afford to leave this job before I've found another.

Can my employer act like this? Unfortunately, that phrase in my contract suggests to me the answer is "yes"....can anyone tell me otherwise?

[funnywebsite]

I believe you should be getting overtime or time in lieu. He is using you and getting away with it. There is not many people who would put up with this treatment.

Check out the ACAS web site. I looked at their web site recently for employment rules because I was being messed about by an agency I was working for, who wouldn't pay me my holiday pay. There is a helpline and somebody on the other end of the phone to advise you. I got my holiday pay sorted out so give them a call and hopefully they can help you.

Good luck brandyman14 - don't let them abuse you

[ursula62]

I'd suggest you start being unavailable for the out of hours stuff until your manager realises the benefit of give and take in a working relationship!

[brandyman14]

Thanks for the quick replies!

One thing I forgot to mention is that apparently the rest of my team are working under the same conditions (i.e. no overtime pay or time in lieu). I say apparently as I am working from a remote location to the rest of them, so I don't know this for sure.

My concern is that once I take this matter up officially, I'll be treated like a troublemaker rather than someone who simply wants to enjoy his rights as an employee.

The way the company sees it is "they're in the same boat as you yet they're not complaining", whereas I see it as "just because they're not complaining about shabby treatment, doesn't mean I can't"......if you see what I mean.

I've had a look at that ACAS site and will get in contact with them over the next few days once I've put all the details about this on paper.

Really annoyed about this whole thing, especially as it's going to be playing on my mind over Christmas!

Thanks again for the replies.

[gucciman]

i work to an ethic, and that is if you want to take an hour of my life then you pay for it.

your employer is using you and your letting them get away with it. and if your looking for another job anyway then you have nothing to lose in making a stand and refusing to work over unless your paid.

are you in a union?

[funnywebsite]

I remember I had a job which said something like "You will be required to do a reasonable amount of overtime as when the business requires it" I think it is written in most contracts now, just as a back-up to cover them. I worked there for 13 years and only did a tiny bit of overtime. It wasn't worth it as they did not pay time and a half or double time and I worked out I was paying too much tax. Nobody can force you. Cheer up and start getting too busy to help out. You might not get promoted but if your face fits you won't anyway.