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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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Experience:  Qualified Solicitor - Please start your question with 'For Ben Jones'
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In my contract it states my overtime to be paid at time and

Customer Question

In my contract it states my overtime to be paid at time and a third. I have just noticed they are paying it at x 1.3 or should it be 1.33 ?
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.

Ben Jones :

Hello, my name is Ben and it is my pleasure to assist you with your question today. Have you spoken to your HR department for clarification.

JACUSTOMER-lmat2y43- :

yes and they said they have allways paid it at x 1.3 and not 1.33

Ben Jones :

Ok thank you leave it with me I need to look up a few things and then get my advice ready.I will post back on here when done there is no need to wait and you will receive an email when I have responded.

JACUSTOMER-lmat2y43- :

will i get an answer tonight

JACUSTOMER-lmat2y43- :

Was your reply an auto response and you were not really online at the time ??

Ben Jones :

Hi, thanks for your patience. My reply was certainly real, we don’t have the luxury of auto replies here, but as we are practising solicitor and not on here full time you may sometimes experience delays depending on our workload.

The law does not define what a third or a quarter or a fifth, etc should be calculated as. Whilst strictly speaking in maths a third can be seen as 1.33, you can also argue that it should be 1.333333333 and add as many 3s as you wish but you would not really see that used in calculations. So a third can easily be rounded down to 1.3 and assuming that this is what the employer has always applied in their calculations and nothing different was agreed with you , they can legally continue to use 1.3 as a third. If you are unhappy with this calculation you may raise the issue with the employer but it would come down to what their usual practice has been in the past and if they can show that there has been a precedent set through past practice. So for example if they can show that all previous calculations for others who have the same wording have been at 1.3 rather than anything else, they would have a reasonably strong argument that this is now custom and practice and the official calculation that is applied in these calculations.

If you are unhappy with this then you can pursue this formally through the grievance procedure – that is always an option. Apart from that you are really only looking at a claim in the employment tribunal but that can be risky in the circumstances and it will also be expensive so consider it in more detail before you decide on whether to use it.

Hope this clarifies your position?

Ben Jones :

Hello, I see you have accessed and read my answer to your query. Please let me know if this has answered your original question or if you need me to clarify anything else for you in relation to this? I just need to know whether to close the question or not? Thanks

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