Overtime Rates

[toppo078]

My employee handbook states employees will be paid double time for working after 6pm. I have only ever been paid at time plus one half. I enquired about this and was told double time rates did not include (lorry) drivers. I argued that that staff handbook does not state any exceptions, and so legally speaking (I hope) there are no exceptions.

My employer has said that I failed to point this out within 3 months of taking up the post,, so I must have been happy with it. Obviously, that is bull****, the reason I never questioned it is because I didn't know of it - you can't contest something you don't know about.

They have now come up with a couple of other little gems:- 1; The drivers are more likely to work beyond 6pm and also perform more overtime, hence why the rate is less, and 2; Under the broad umbrella that is 'custom and practice', the rates are OK because no driver other than me has challenged them in the last 10 years.

We had a first the other week when the driver had to take a labourer with him. Qualified HGV driver earning (on overtime) �10.92 per hour - the labourer, no qualifications other than being able to lift heavy things and sat as a passenger.....�12 per hour. Is there anyone out there who can convince me that that is right??

At best, this is discriminatory. What can be done? Any suggestions?

[buildersmate]

To be honest, it helps if you add additional points to the existing question you have already raised rather than raise a new question.
This one.
http://www.theanswerbank.co.uk/Jobs-and-Educat ion/Jobs/Question760247.html
I note that you haven't answered the questions that I put to you - which would help me understand what you are up against.
However regarding your first point on this question, your employer does have a point because custom and practice does have some strength. Whether three months is long enough for you to flag this up is a moot point - there is nothing in law that says 3 months - it would have to be tested at Employment Tribunal.
Unfortunately there is nothing discriminatory about paying one job at rate X and another at rate Y - perhaps there is a global shortage of labourers? (I jest).
However this doesn't sound like a good organisation to be working for, so perhaps it is time to get another job. If you could do that, you could 'afford' to resign and claim constructive dismissal, perhaps.

[toppo078]

Thanks Buildersmate,

It is all very complicated and yes, you are right, they aren't a good organisation to be working for. As for looking for another job.....I'm trying but its not easy at the moment for me or anyone else in he present (economic) circumstances. I think it looks like I'll have to drop this issue. I can't afford to push it in court - as much as I'd love to have a go at it.....ah well....

[buildersmate]

Preparing and presenting a case at Employment Tribunal is not normally too much of an issue.
The real risk is that the only way to force this issue is via Constructive Dismissal, if the employer won't budge whilst you still employed. That runs the risk that you resign and don't win at ET. Hence best to get the other job first (I recognise the employment climate doesn't help right now).
Many employers don't actually want to take such claims to ET anyway - so they get settled out of court. But it doesn't change the fact that one can't claim Constructive Dismissal whilst still employed.

[toppo078]

Ta Buildersmate,

I've now made up my mind what I'm going to do. The constructive dismissal thing??...I'm not so sure I could win that one. Beside's, the thing that has always got my goat and the reason this whole nonsense started was the overtime rate. That is a sore subject and I worked out I would have been paid an extra �1,100 (over the last two years) if my rate were the same as the other employees.

To some people, that may not be a lot, but its enough of a sum to make it worth chasing. With that in mind, I'm trying to get another job asap, then I'll hit the B****** with a summons!