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taratill
taratill, Solicitor
Category: Employment Law
Satisfied Customers: 6307
Experience:  15 years experience of advising on employment law matters
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, I'd like to seek advice about the overtime payment

Resolved Question:

Hello, I'd like to seek for an advice about the overtime payment from my previous employer which I left 19/01/2015
I've start my employment with a salary wage with no overtime paid. In September 2014 I've been offered a new contract with paid overtime. I have this new contract with me signed by employer. The problem is my overtime was never paid yet because not everyone from my department sign it yet. When I left this company I asked for my overdue overtime payment which I worked and have documented since I signed a new contract but I get an email back saying that proposed contract have yet to be implemented and terms of my previous contract remain in force. Are they right? I believe that from the date I signed new contract new terms are in force.
Please for advice am I entitled to overdue overtime payment?
Submitted: 2 years ago.
Category: Employment Law
Expert:  taratill replied 2 years ago.
taratill :

Hello my name is ***** ***** I am happy to help you today. Was the new contract dated?

Customer:

yes

taratill :

what was the date on it was it prior to you embarking the overtime?

Customer:

the date on new contract is 22/09/14 with employer signature

taratill :

In that case it is clear that the overtime should have been paid. You should submit a claim in breach of contract to recover the money.

taratill :

If you have any further questions please do ask.

Customer:

what should i do and how

taratill :

You should ask the employer to pay you. If they refuse you can engage ACAS early conciliation by contacting ACAS at www.acas.org.uk. If they still refuse to pay you will then need to raise a claim at www.employmenttribunals.gov.uk

taratill :

If you have any further questions about this please do ask. If i have answered your question I would be grateful if you would take the time to rate my answer. Thank you and all the best.

Customer:

is it matter that employer said that everyone from my department need to sign new contract to make it "work"

Customer:

?

taratill :

No contracts of employment are individual.The fact that others have not signed does not make any difference to your position.

Customer:

I don't know if everyone sign it because i dont work there anymore

Customer:

ok, thank you for your help

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