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Discussion Starter #1
Right then, ive recently looked back in depth at my pay slips just out of curiosity and ive found for the past 9 months (monthly pay slips) i havent been paid for the saturdays at work ive done, reason why i dont check in depth all the time is my pay varies quite alot as i earn bonus, some months ill earn 150 more than others so i just looked at the net pay, im owed about £800, i told my my workshop controller who had a chat with the dealer principle, the dealer priniciple basically said its my fault as i didnt notice it BUT we have electric clock on cards at work, these get sent to payroll with times ive worked so surely their in the blame? i get on really well with my workshop controller and wouldnt like to stress the working friendship we have, but im out of pocket beacause they didnt check my clock ins correctly (payroll) my workshop controller has said he will 'keep it under the radar' and give me back £400 in £50 per month installments, do it take his offer, for half the money over 8 months, or do i do further? anyone know what legal position i stand in? i enjoy my job so i dont want to loose it or become redundant so im finding it hard what to do.... thanks for reading and helping :thumbsup
 

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Its just a straight debt that's yours to collect for six years, so yours is still fairly fresh. Go collect!

Don't go mixing-up estoppels and six month stale cheque rules and express acceptance of the wrong amount rules that I bet are floating around your head!

Mind you, I see you're worried about possible revenge by way of redundancy - do you feel that precarious?
 

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Discussion Starter #4
yes i have a formal contract and ive worked my friggin ass of for them for about 3 1/2 years, there just feeding me full shite really, my dads told me to call citizen advice tomorrow which i will do, just hoped some people could give me ther pennys worth? thanks for the replys btw:thumbsup
 

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Discussion Starter #5
yeah, my dealer principle is manipulative pr!ck, i hardly see him which is a good thing, but i have a very good working relationship with my workshop controller and service manager, im just astounded by his ' f8ck him' attitude, he has screwed people before but no ones taken it further, but i work damn hard for the little money i earn and wont accept letting him getting away with thinking im just a no body because im not
 

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Phone acas mate they will tell you all you need to know, they deal with all employment rights would be better than citizens advice
 

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yes i have a formal contract and ive worked my friggin ass of for them for about 3 1/2 years, there just feeding me full shite really, my dads told me to call citizen advice tomorrow which i will do, just hoped some people could give me ther pennys worth? thanks for the replys btw:thumbsup
First you have worked for them for over year so if they try and get rid you (including redunancy) for any reason related to this then you can go to an employement tribunal. In otherwords it would be hard for them to fire you for complaining about money owed.

Secondly does the contract detail your overtime pay amount and conditions? For example my contract says "you may be expected anti social hours or weekends to complete you duties, you will not receive addition salary for this" in other words if you work overtime it because you love the job :frown

However if you contract details overtime pay and conditions, then they are contractualy obliged to pay you based on those rates and conditions and are in breach of contract if they don't. Ultimately you can take them to court for the return of this money but they may be career limiting.

They owe you the money and it is not your duty to check
 

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Discussion Starter #8
my contract states hours four monday to friday which ive been paid for fine, but it states 2 saturdays per month which is compulsory overtime paid at 1.5 times normal wage, this is what i havent recieved for the past 9 months mate.

i just dont wanna lie down and let them bugger me, ive done alot for them, dont see why they have to be complete twats, as much as i love the job think ill start looking elsewhere:thumbsup
 

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I also recommend ACAS 08457 47 47 47
CAB can be hit and miss.
But I say you worked, so you're owed the full amount of money.
If you can't resolve it with your employer, which I'm sure you will, ACAS will confirm but you may have an Employment Tribunal claim, which you can bring and bring as an employee.

Your employer would be insane for trying to dismiss you (under false pretences) for raising this issue, it would cost them a lot more than they owe to just defend a claim which you'd be entitled to bring.

Below might be useful

http://www.direct.gov.uk/en/Employment/Employees/Pay/DG_10027228
 

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Discussion Starter #10
Thanks for all the replys guys, i appreciate it BIG time:thumbsup
 

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my workshop controller has said he will 'keep it under the radar' and give me back £400 in £50 per month installments, do it take his offer
This sounds to me as he is offering to pay you back himself..... is this the case?

Reading between the lines he hasn't been claiming YOUR overtime and been scamming YOU has he??
 

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They have offered you a contract which you have signed so they have a clear cut indisputable obligation to pay you, no ifs no buts.

If try and sack you for complaining about this (and provided you are doing your job properly) it will be constructive dismissal which an employement tribunal would frown on severely.

Simply ask for back pay to be paid in full in the next pay check or you will have to make a small claims court application for the money.

Do you work for a chain or single dealer? If a chain talk to HR, if a single dealer talk to the financial controller, they will be responsible for employment issues
 

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have you spoken to any of the other techs there ?
maybe yours isn't so much of an an isolated incident as you think,
it's all recorded, so that money MUST be going SOMEWHERE
in my experience, the "officers" tend to close ranks and just make all the right noises to the footsoldiers in these instances in the hopes it will all be forgotten- -
YOU work bloody hard to make those target / figures, as do the other guys
so YOU are OWED that money
Dealer Principal doesn't really give a fig swanning around in his nice big 7 series.
Stick to your guns but don't just fire indiscriminately ;) :thumbsup


Eddie Hitler
 

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Discussion Starter #14
thanks for the support guys, well im off to see the dealer principle first thing tomorrow, ill go in softly and see what bullshit he comes out with about where i stand in the situation, will call acas quickly before i go in just to see from them where i stand, obviously i wont get too heavy to quick id rather it gets sorted internally and they can man up to their mistake, but if not i wont be afraid to go the legal route, what ever happens i will update you guys, once again, thanks for the responses:thumbsup
 

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£800 is £800 at the end of the day mate! Some ppl may say if you enjoy the job then don't risk making it uncomfortable by stirring this up, but then again do you really want to work for a company that treat their employees like sh1t! :frown

I recently had a similar issue where I work, I wrote the operation manager a letter hinting that legal advice had already been sought, 2 days letter I had all the outstanding money reimburse :D

Go for it, good luck :thumbsup
 

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Put a grievance in, that will have to be answered within 7 days. They will know you're serious, also you can't go to a Tribunal until you've used the grievance system. You have 3 months from the date of the grievance to apply for a Tribunal hearing. If the company have not paid as per your contract, then they are in breach. You can put a grievance in with a resignation letter and take them to court for constructive dismissal.
 

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Go straight to your personnel/Payroll department and notify them of the error. Explain that you had assumed, as you electronically clock, that mistakes could not be made but accept that they do from time to time and you are willing to overlook the mistake this time as long as you are paid what you are owed at the end of this month.
 

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I own my own recruitment company so feel free to ask me anything about employment, should be able to help...

Firstly they must, by law, pay you the hours you worked, to at least the minimum wage (thats why there is a minimum wage, sounds to me like he hasnt even paid this), he will get into A LOT of trouble if he gets caught.

Secondly if your contract states that you are entitled to 1.5x your usual rate for Saturdays, he will have to pay that unless there is a clause in there to say that you can be dropped to minimum wage if you did not perform.. This is very unlikely as 99% of companies are unaware of this, and anyway it sounds like you have been performing well..

If i'm honest I think I know whats happened here.. I think your boss is collecting your overtime for himself, its not uncommon and would explain his reasons for a) not wanting to pay and b) trying to fob you off with £50 a month...

If I was you i'd start looking for a job with a company that appreciates your work and tell these guys they have 7 days to pay any outstanding dept or you'll be taking further legal action, which will result in serious costs to their company for things such as court fees, legal costs and interest.

Good luck mate and remember your value to them...
 

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If your contract says 2 saturdays a month at 1.5 pay is compulsory then it's exactly the same as not being paid for a monday! I would not except anything other than full pay in the very next pay slip. My company only offers over time as a voluntary thing but if it doesn't get paid it gets done on the next pay no questions asked. You have a very good chance with an electronic clocking in system too. That money is 100% owed to you. Don't accept any less because it will just make them think they can get away with it in the future.
 

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Discussion Starter #20
Just got back from work, saw my boss this morning in a meeting so i thought i wouldnt interupt, came back 20 mins later and he'd gone home, p1ssed right off!! felt shit and miserable all day knowing im grafting for that pratt!! theyve already under paid me below the minimum wage before and i notified them, a couple of months later i had a letter from revenue and customs stating i was owed back pay which i only recieved dut to hmrc got involved, ill give it till tomorrow, half past 8 ill be at his door meeting or not, if i get the cold shoulder or he doesnt agree to a solution which i feel is fair then i will look into the above actions to take that you guys have recommended, and thanks again for all your replys nice to have some support:thumbsup
 
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