overtime payment

[gman 34]

im only offered and paid my flat rate for working overtime but my contract says i should get time/half and double time is there a legal document that states that this is illegal?

[bednobs]

yes, your contract!
your contract is a legal document setting out what your company will do for you in return for you turniing up and doing your job

[gman 34]

yes but is there something that says its illegal for them to offer me overtime at flat rate,i need this for a tribunai.

[dzug]

No - they are perfectly free to offer you this as either an amendment to or outside your contract - and you are free to accept (as in effect you have) or refuse or insist on the terms of your contract. If you insist on the terms of your contract then they can withdraw the offer of overtime.

[gman 34]

so where do i stand when taking them to a tribunal for breach of contract

[bednobs]

is it just for this (overtime) problem you are taking them to tribunal for

[markarla]

I agree with other people. Your contract is a legal document and although your employer can change it, this must be negotiated with you. If your contract says time and half, then this is what you should be paid.

[gman 34]

have not been paid any overtime at contracted rate since dec 06. was always told that they could do this. when i questioned it i was told by my supervisor that i was not allowed any more over time unless i asked for permission in writing. A meeting was held in april 07 they briefly talked about overtime being at flat rate. the tribunal is going ahead next month. i put in a greivence in july the company did not respond. i left the company because i was singled out and not able to earn enough on a basic wage. i got a letter to attend a grievence meeting at the end of october nearly 4 months from the date i put the grievence in.

[dzug]

Unfortunately it sounds to me that they did effectively change your contract.

The tribunal could find that they did so unfairly though, particularly as it would appear that they never documented it.

[factor-fiction]

Wish you luck and I hope you have taken good because it looks to me as if you may find this difficult case to win, altough they might find the employer failed to respond propoerly to your grievance. Sadly, although no prospective future employer will admit it they won't be keen on taking on someone who has takena previous employer to a tribunal.
I'm puzzled about your being told you need to get permission in writing for overtime- had you been doing overtime without prior approval?
And are you part time- some employers only pay normal time not time and a half for overtime worked by part time staff.