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Ben Jones
Ben Jones, UK Lawyer
Category: Law
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, My name is***** already contacted you about my holiday

Resolved Question:

,
My name is***** already contacted you about my holiday and overtime questions . I need some more advice. Me and my ex-employer having difficulties to sort out my final payment.
Submitted: 2 years ago.
Category: Law
Expert:  Ben Jones replied 2 years ago.
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. What specifically do you need help with please
Customer:

Customer:

I have contacted you before about my employer. He did not calculate my final payment/holiday right. You told me that I entitled of 22.7 days not 21 as it stated in my contract. He agreed with me but cut back on my overtimes. He already sent me a paysip with 38 hour overtime. Now he changed his mind and says he will give me 23.1. Can he do that?

Customer:

And he also emailed me this: "Note as a salaried employee, you have no entitlement to overtime. However, we believe it is fair to credit you 23 hours and 10 minutes of overtime"

Customer:

What is that mean?

Ben Jones :

Thanks, ***** ***** does your contract say about overtime - are you guaranteed any overtime and does it say you will be paid overtime hours?

Ben Jones :

Have you also always been paid overtime?

Customer: My contract says nothing about overtime. He said in the begining of my employment that he will give me holidays instead of paying overtime.
Ben Jones :

The employer is correct in a sense that the law does not guarantee you any pay overtime, unless your contract entitled you to that. If your contract does not say anything about paid overtime and you are paid a salary, then any overtime will either be unpaid or it will be paid at the employer’s discretion.

If at the beginning of your employment it was specifically agreed that you would be given holidays overtime then the employer should honour that. Similarly, if it was already agreed that you should be paid done and it was confirmed that you will get paid , the employer should stick to their promise and not go back on it just because you have raised another issue with them.

Whilst I would not advise that you take legal action is a relatively low amount, you can still threaten them with doing so in the hop that they agree to pay you. you can say it was already confirmed that you would be paid overtime and even a payslip was issued to confirm that so they should honour thus. Advise that that you request payment to be made within 10 days and failure t do so would mean you have no other choice but to make a claim in the employment tribunal or the small claims court to pursue what you believe you are legally owed.

Hope this clarifies your position? If you could please let me know that would be great, thank you

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