Overtime payment

[potters21]

Awhile ago i posted a quetsion about overtime payment due to myself. This is whats happening now. My work have accepted that i'm due payment and i have supplied the proof to them that i am due this money. I reckon they owe me min £2000 that i could reasonably prove and possibly a further £1000, However their response was to offer me a one off £500 payment. They are now stating that they have a 3 month policy whereas you don't claim you don't get. I have it in black and white from them, that i've been chasing this payment for the past 3 years. So surely that should outway their so called "3 month policy". I now have another meeting with them, and their pulling in the big guns from HR and so forth, as i'm saying that what they are offering is'nt acceptable. I don't have union rep, so will be going to this meeting on my own. Any suggestions would be great. THANKS

[buildersmate]

This sounds like the start of a negotiation to me.
It is good that you have established the principle, and that they now accept it - the argument now is over the amount.
I can't remember the original question - indeed I may not have even contributed to it.
Are you still employed there?
Have you got anything in writing that offers the £500 (and hence accepts the principle)?
Have they pointed out the document where the 'three month policy' exists, and supplied you a copy?
If you are still employed there, it could be worth talking to ACAS. If this is claim for unlawful deduction of wages, you may be able to take your case to an Employment Tribunal.
It is unlikely that the company will wish to do this, but you need to marshal your knowledge and resources of where this could lead them and you to, as a means of getting a better offer out of them.
You do need to be clear to them about how much you are claiming (£2k or £3k) because it will make a difference to the way they think about their 'start point' of negotiation.

[brenda]

Would you be able to take a good friend with you as an observer? Someone unconnected to the company?

[Androcles]

As brenda says, just say to them you would like to have a representative present and are talking to a lawyer and see what they say. You can always ask if Citizens advice will volunteer somebody.....

[potters21]

I have their offer in writing, also i have never been shown this policy, despite asking both HR and Payroll.I have been told that if i fight them on it, then i may not even get the £500,so i don't think they want to negotiate, hence the big guns coming in.

[buildersmate]

Well then, you are going to need to remind us about your claim.
If you are owed money and they have accepted that principle, what are they arguing about? - the number of hours, the rate paid per hour or what?
On what basis has £500 been offered - ex gratia, provided you back off?

[potters21]

Please type potters21 into the search engine,i don't mean to be cheeky or evasive, it's just to much to type again.I do value any assitance given. The offer is basically a take it and go away, kinda attitude. They want to argue hours, despite me providing tracking details from my works van inbuilt tracking device, which is acceptable when they want to use it, to chase up drivers.

[factor-fiction]

Are you referring to this question which seemed to be about payments for being 'on-call'.
http://www.theanswerb...w/Question808652.html
I couldn't really judge the strength of your claim or work out what had been agreed when you took on the role, but buildersmate may be able to follow it and advise.

[buildersmate]

Assuming it is this question, I agree with F30 that its impossible to judge the strength of the claim.
It seems that you are being offered £500 as an ex-gratia, without admission by the company that there was any liability to an overtime payment.
You can probably get informal advice over the phone from ACAS on this - though it isn't an unlawful deduction of wages issue. It sounds like a civil claim for a payment based on interpretation of your contract. They will argue that the 'on call' payments are made in lieu of overtime. They probably now regard not making that clear in the various bits of documentation that make up your contractual terms, but it's anyone's guess what a judge will say.
Alternativly via the CAB you may be able to get access to 30 minutes free legal help to assess the key aspects and an informal opinion - more than that it's going to cost you.
I'd take the money on offer.

[potters21]

Update.After chasing around abit more today, i received an apology from HR + addmission that no 3 month policy exists to take effect in this particular case. So remain hopefull that payment may still come my way

[buildersmate]

Fair enough. You can ask again if you need to.

[potters21]

Thanks for the time and effort you have spent on this, your help has been great.