equal pay/unfair dismissal

[toppo078]

This involves more than just a contract dispute. I have worked for a company for 29 months. A year ago, a colleague said that we (the two company drivers) should have been paid double time for working after 6pm as the employee handbook said so. The other driver enquired about this and was told the double time clause did not include drivers. We left it at that......untill I happened to be reading the employee handbook myself six months ago. I could not see any reference to any exclusion, drivers or otherwise. I have been pushing my employer on this issue ever since as I believe if the employee handbook does not clearly state any exceptions to the rule, then the company owe me monies going back to January 2007 for all the overtime I did after 6pm. I hoped they would evntually comply but nothing changed and it became a grievance issue four weeks ago. My working life since, has been difficult to put it mildly. I have been accused of upsetting and unsettling my work colleagues. I have been withdrawn from driving and my workplace changed. I have little doubt they (the employer) are trying to either engineer my dismissal or hope I resign through pressure. I was never given a contract. When I enquired about that in February this year, I was told they (the employer) had made an 'oversight'. I was told that has I hadn't got a contract, the employee handbook now constituted as such. So eventually, when I said they should have paid double for overtime after 6pm as 'my contract said so' - they have tried now to make me sign a 'new' contract. Whatever is going on there, I know they are attempting to remove me, I urgently need advise.

[factor-fiction]

Buildersmate is probably the best person to advise on this, or Buenchico and Barmaid, but they may not spot this question under Business. I don't normally like to see questions posted in more than one place but in this case I wonder whether you might get a better response under Jobs & Education (or Law).

I can't answr everything but I can givea few pointers from my HR experience.

First, you do have a contract even if you weren't given one in writing, and the Handbook will form part of that.

The company can now ask you to sign a new contract provided they give enough notice, but they can't change it retrospectively.

They could argue you for over 18 months you initially seemed to accept that overtime wasn't payable for these hours.

Good luck. I hope Buildersmate sees this and can help you further.

[buildersmate]

I have provided a response at the 'other' entry.