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  1. #1
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    Overtime/contract



    If an employer tells you at the interview stage that all overtime will be paid at time and a half, then sends you out your contract that states you are entitled to double time (after so many hours weekdays and Saturdays, all day Sunday), does that contract (agreement)supersede the original verbal agreement?. It would appear all other trades employed by this company get double time but they are saying due to the amount of overtime that the fridge guys do they can't pay it to us?.


    @neilbrownNB12

  2. #2
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    Brian_UK is offline Moderator I am starting to push the Mods: of RE Site Moderator : and general nice guy
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    Re: Overtime/contract

    Normally the written word is the legal document.
    Brian - Newton Abbot, Devon, UK
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    Re: Overtime/contract

    .

    I agree with Brian, if the contract says double and
    is signed, that is your terms and conditions.

    Rob

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  4. #4
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    Re: Overtime/contract

    it is your contract which dictates the terms not a verbal offer.They haven't a leg to stand on and they probably know it.

  5. #5
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    Re: Overtime/contract

    Written word is stronger

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    Re: Overtime/contract

    Any verbal agreement has to added to formal contract document as an addendum and countersigned by you if accepting changes to original contract. And request a copy of agreement as your record.

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    Re: Overtime/contract

    Also in the future do not accept verbal promisses especially the ones that are to your advantage.I made such mistakes in my life which I regreted. make sure everything is writen and added to the contract.

  8. #8
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    Re: Overtime/contract

    Having read more closely the contract I have received has been amended compared to my colleges that started a few weeks before me, it does indeed state that all o/t will be paid at time and a half. So of the six engineers that work in my area, two are on a contract from a previous company (tuped) and get double time on a Sunday, one has double time for a Sunday in his contract (again tuped from a previous company recently no longer with us) but does not get paid it, another has a contract as per my original post, who following a meeting with HR may or may not now get double time (he won't say). All other "industrial" employees at this company get paid double time, plumbers, electricians etc. Seems a bit unfair that I'm working beside other guys on a Sunday for less money doing the same job, and the guys doing other jobs for 45/50 hrs a week get better t&cs than the guys doing the 90/100 hr weeks!.
    @neilbrownNB12

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    Re: Overtime/contract

    is it a fm company by any chance

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    Re: Overtime/contract

    Yes it is ��
    @neilbrownNB12

  11. #11
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    Re: Overtime/contract

    Been through it,from my experience if you book the overtime hours you are entitled to at double time you are doing nothing wrong,the company will probably pay it as they have so many people on different contracts they wouldnt even notice
    Also keep a record of timesheet and check every payslip,quite often there are input errors and missing stby payments.

  12. #12
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    Re: Overtime/contract

    Hi NB12

    Sorry I been out of the loop for a bit, but my understanding is your contract says Time and Half and you were verbally told "later" is Double.

    The Verbal offer, which came after the written contract would supercede the original and will amount to a variation. It should be evidenced in writing and annexed to your contract.

    When you were told, were their any witnessses who can confirm, failing which your Manager may deny he made the offer. You could raise a grievance so the issue can be sorted out once and for all. You could argue that you getting paid less for intrinsically similar work, which equitably would seen unfair.

    But reading below, have I got it wrong? Does your contract say double and they pay you Time and half? If your Contract says Double then you laughing all the way to the Leeds......If Company fails to pay you the contractual rate then they are in breach


    Hope it works well out for you

    Regards
    Last edited by Abe; 08-09-2014 at 05:07 PM.
    Any opinions, statements and facts expressed in this message do not constitute legal advice in any shape or form and is given for a general outlook in nature. You are advised to seek appropriate and specific professional assistance from a regulated and authorised advisor for definitive advice.

  13. #13
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    Re: Overtime/contract

    No, I was told time and a half only, but expected to get the same contract as the other two recent new starts which have double time written into their contracts, mine has one sentence added to it stating all overtime will be paid at time and a half.
    I was jumping the gun with this post not having read it closely enough. It appears this employer has two contracts for employees, one for office staff and one for industrial staff. They now have a third, for industrial staff who do too much O/T to get paid it at double time. Although some of my coworkers get it, as they were tuped here (sort of) and are on other contracts.
    @neilbrownNB12

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