Overtime Pay

[JBW1366]

My friend is on a 33 hours a week contract and she did some overtime this week - which has an overtime rate which kicks in when she works over her contracted hours.

But her employers have stated that as she had a weeks leave / holiday earlier in the month - she wouldn't get overtime rate for this overtime - as she hasn't met her required hours for the month due to the leave / holiday?

Is that correct?

Doesn't the holiday count as meeting required hours? in that case it is not beneficial to have holiday? or actually to do overtime in a month when you have taken leave / holiday.

Any help gratefully received

[Zacs-Master]

Is that paid, or unpaid holiday?

[Buenchico]

There's no statutory right to a higher rate of pay for working overtime. (Indeed, for many years junior doctors in hospitals were paid at a much lower rate than their regular pay when they worked beyond their regular hours).

So there can't be a 'universal' answer to your question. Your friend's right (or lack of it) to receive additional pay comes solely from her contract with her employer. It's the terms of that contract (which we don't know) that apply here, rather than employment law.

[JBW1366]

Zacs-Master BTW it was paid holiday

[Ellipsis]

It will depend what her contract says, but it doesn't sound right.

> Doesn't the holiday count as meeting required hours?

Yes, that would normally be the case.

[JBW1366]

Doesn't leave / holiday count as contracted hours in law?

[Ellipsis]

Yes it does, but (as Buenchico pointed out) there's no statutory right to a higher rate of pay for working overtime. This gives the employer lots of flexibility in wording a contract. Like I said earlier, it doesn't sound right but it will depend what her contract says.

[chelle7272]

It does count as contracted hours, but the employer is clearly taking the stance that you haven't actually worked so they are not asking you to do more actual work than you would usually would do.
As they are not obliged to pay overtime at all as Buenchico says, it becomes a case of is it worth challenging. It might be a good idea to raise with HR including the point about it not being an attractive option if you have booked leave in that period and asking for clear guidance.

[Maydup]

Whatever the rights and wrongs they are flippin mean bar steward to have an overtime rate and then find a reason to wriggle out of it.

[Arrods]

If the contract is for 33 hours per week, surely the overtime kicks in once that is exceeded? I’m not sure why the number of hours worked in the month is relevant.

[Canary42]

Using the same twisted logic as the vile employer, she should claim 24 hours for each day on holiday, this would bring her monthly hours well above the requirement and she could then demand payment accordingly. Unlikely to work, but it's a fair point.