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Ben Jones
Ben Jones, UK Lawyer
Category: Employment Law
Satisfied Customers: 50206
Experience:  Qualified Employment Solicitor
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My employer has being paying me overtime at single time although

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My employer has being paying me overtime at single time although my contract says it will be paid at 1.5 time. I am now being made redundant - can I claim the overtime under payments?
Ben Jones : , my name is ***** ***** it is my pleasure to assist you with your question today. How long do these go back and were you ever paid the right amount?
Customer: Ben
Customer: Ben, possibly since 1985 - I would have to check to be precise but I have only been paid single time least 10 years. I am not sure without checking back if I was ever paid at X11.5
Ben Jones :

Apologies slight delay, I experienced some temporary connection issues earlier on. All seems to be resolved now so I can continue with my advice.

If you had a contractual right to be paid overtime at a certain rate but the employer failed to do so then you can pursue them of contract or unlawful deduction of wages. How far back you can go would depend on how long there was a continuous failure by them to pay you what you were due. If at some point you were paid the correct amount, then that would have put a break in the underpayments and you can only claim from that point onwards, assuming there was no other such break. So it is important to check if you were always underpaid. If you were never paid the right amount then you could potentially claim full period although you would need to prove that you were indeed underpaid that time so some documentary evidence will be required.

In order to try and resolve this, the employer should be contacted in writing, advised that this is being treated as unlawful deduction of wages and ask them to pay back the money within 7 days. Advise them that if they fail to pay the money that is owed, legal proceedings could follow.

If the employer does not return the money as requested, the following options are available:

  1. Employment Tribunal - the time limit to claim is only 3 months from the date the deductions were made, so it would be the last time since you were not paid what you were due. To make the claim, form ET1 needs to be completed and submitted - you can find it here:

  2. County Court – this is an alternative way to claim and the advantage is that the time limit is a much longer 6 years and is usually used if you are out of time to claim in the Tribunal. The claim can be made online by going to:

Hopefully by warning the employer you are aware of your rights and are not going to hesitate taking further action they will be prompted to reconsider their position and work towards resolving this.

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

Customer: Many thanks this is most helpful, please can you just clarify the "employment tribunal" option with regard to the 3 months. Does this mean I can claim the whole period providing I claim within 3 months of the last time my employer did not pay me the contracted amount? Many thanks
Ben Jones :

yes that is correct and you must also show there were no 'breaks' as mentioned above, otherwise you can only claim time since the last break

Customer: Again many thanks - I appreciate your help, Jeff
Ben Jones :

you are welcome, all the best

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