Overtime

[JBW1366]

My friend has just been paid - and she did 22 hrs overtime her contracted hours at a higher rate. Though she hasn't been paid the higher rate as she had 22 hours holiday in the same period. Her employers have stated that you only get the higher if you have worked your contracted hours -0 is this legal can they do this.

[bednobs]

https://www.theanswerbank.co.uk/Law/Question1800534.html
^^^ wot they said last time

[LadyCG]

I'm not sure how it works legally but I've undertaken overtime for other departments during annual leave and always been paid the enhanced rate. My contract is 37.5 hours which is considered full-time.

[Neveracrossword]

JBW, how was the previous problem resolved?

[THECORBYLOON]

They should either pay for the hours actually worked and say she wasn't on leave or say she WAS on leave, pay for that holiday period AND pay their overtime rate for the hours worked.

[Old_Geezer]

Seems your friend needs to check their contract.

Since a higher rate seems the normal for overtime, I'd have thought that trying to get out of it by claiming paid holiday didn't count, would be on a 'sticky wicket'. It is still overtime after all.

But Lord only knows what the law would say, so often something different to what seems equitable and common sense, is ruled.

[Maydup]

It’s possible that it is legal as leave is supposed to be taken as a test and a break from work. Not as a way of working regular hours and claiming a higher rate for them by deducting leave time.

The hours will have been paid at the normal rate and the leave entitlement untouched.

[Maydup]

Rest not test!
Typo